N.Natchimuthu(Died) vs Raju Mahadevan
2022 Latest Caselaw 3778 Mad

                                                                          Crl.A.(MD)No.125 of 2022

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 28.02.2022

                                                        CORAM:

                                  THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                              Crl.A.(MD)No.125 of 2022


                N.Natchimuthu(died)
                Lakshmi Natchimuthu                                    ... Appellant

                                                          Vs.

                Raju Mahadevan                                         ... Respondent

                Prayer: This Criminal Appeal Petition filed under Section 378(3) Cr.P.C. to
                call for the records and to set aside the Judgment of acquittal dated 15.11.2021
                made in S.T.C.No.949 of 2019 on the file of the Judicial Magistrate No.I,
                Padmanabhapuram and allow this Criminal Appeal.


                                       For Petitioner    : Mr.M.Suri




                                                        ORDER

This Criminal Appeal has been filed challenging the order of dismissal

passed in S.T.C.No.949 of 2019 on 15.11.2021, by the learned Judicial

Magistrate No.I, Padmanabhapuram.

https://www.mhc.tn.gov.in/judis Crl.A.(MD)No.125 of 2022

2.The petitioner's husband filed complaint for the offence punishable

under Section 138 of Negotiable Instruments Act, against the respondent. The

same has been taken cognizance as S.T.C.No.949 of 2019, on the file of learned

Judicial Magistrate No.I, Padmanabhapuram. However, while pending the

complaint, her husband, ie., the complainant died and thereafter, the learned

counsel failed to take steps to substitute the legal heir, in the place of deceased

complainant. Therefore, the learned Judicial Magistrate dismiss the complaint,

for the reason that no representation on behalf of the representative of the

complainant and steps have not been taken.

3.Now the learned counsel for the petitioner would submit that the

petitioner has been substituted in the place of her deceased husband and she is

ready to proceed with the complaint.

4.In view of the above, order of dismissal passed by the learned Judicial

Magistrate No.I, Padmanabhapuram, in S.T.C.No.949 of 2019 on 15.11.2021 is

set aside and this Criminal Appeal is allowed. This case is remanded back to

the learned Judicial Magistrate No.I, Padmanabhapuram, Kanyakumari District

for trial. The learned Judicial Magistrate is directed to issue fresh notice to the https://www.mhc.tn.gov.in/judis Crl.A.(MD)No.125 of 2022

petitioner and the respondent and thereafter complete the trial within six

months. It is made clear that the appellant shall appear before the trial Court on

all hearings without fail and co-operate with the trial.

28.02.2022 Index :Yes/No Internet:Yes/No PNM

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Judicial Magistrate No.I, Padmanabhapuram, Kanyakumari District.

https://www.mhc.tn.gov.in/judis Crl.A.(MD)No.125 of 2022

G.K.ILANTHIRAIYAN,J.

PNM

ORDER IN

Crl.A.(MD)No.125 of 2022

28.02.2022 https://www.mhc.tn.gov.in/judis