Madras High Court
Rep. By Its Special Power Of ... vs M/S.N.S.R.Tiles And Granites on 11 October, 2022
Crl. A. No.695 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2022
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.A. No.695 of 2022
M/s.K.K.Granitile Marketing
Rep. by its Proprietor
Mr.Gaurav Rajmal Tated
S/o.Rajmal Gomchand Tated
Aged about 37 years
No15/16, Devangapet Street No.2
Near Flower Market
Shivan Temple Adjacent Lane
Coimbatore - 641 001
Rep. by its Special Power of Attorney Holder
Mr.Rajmal Gomchand Tated
S/o.Gomchand Tated
Aged about 60 years
D.No.199-2, Ward No.47
Sukrawarpet, Coimbatore - 641 001 .. Appellant
Vs
1.M/s.N.S.R.Tiles and Granites
Rep. by its Proprietor
Smt.Sudha
W/o.Suresh Kumar
No.8/1702E, Thiru Nagar
Sadhasivam Avenue
P.N.Road, Near Reliance Petrol Bunk
Pooluvappatti Post
Tiruppur - 641 602
https://www.mhc.tn.gov.in/judis
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Crl. A. No.695 of 2022
2.Smt.Sudha
W/o.Suresh Kumar
Proprietor
M/s.N.S.R.Tiles and Granites
No.8/1702E, Thiru Nagar
Sadhasivam Avenue
P.N.Road, Near Reliance Petrol Bunk
Pooluvappatti Post
Tiruppur - 641 602 .. Respondents
***
Prayer: Criminal Appeal filed under Section 378(4) of the Criminal
Procedure Code to set aside the order of acquittal dated 07.01.2020
made in C.C. No.26 of 2020 on the file of the learned Judicial
Magistrate Fast Track Court No.1 @ Magisterial Level, Coimbatore.
***
For Appellant : Mr.S.Suresh
For Respondents : No Appearance
JUDGMENT
This appeal arising out of the dismissal of the private
complaint under Section 200 of the Criminal Procedure Code.
Though notice was served to the respondents, none appears for
respondents.
https://www.mhc.tn.gov.in/judis
Crl. A. No.695 of 2022
2. Learned counsel appearing for the appellant would submit
that when he filed a private complaint before the learned Judicial
Magistrate Fast Track Court No.1 @ Magisterial Level, Coimbatore
under Section 200 Cr.P.C in C.C. No.26 of 2020 for an offence
under Section 138 of the Negotiable Instruments Act, 1881, on one
of the hearing dates, the complainant could not appear and
therefore, the learned Magistrate dismissed the complaint under
Section 256 Cr.P.C. Before passing the dismissal order, the learned
trial Judge did not give an opportunity or she has not sent a final
notice before dismissing the complaint. Therefore, the order of the
trial Judge warrants interference.
3. Heard the learned counsel for the appellant and perused
the materials available on record.
4. None appears on behalf of the respondents, despite notice
was served and the name was printed. A perusal of the record
shows that the complaint was dismissed for non appearance of the
complainant, but not dismissed on merits. Therefore, considering
the facts and circumstances of the case, the order passed by the
learned Magistrate is set aside and the appeal is allowed and the
appellant is directed to appear before the learned Judicial
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Crl. A. No.695 of 2022
Magistrate Fast Track Court No.1 @ Magisterial Level, Coimbatore,
on 31.10.2022 and proceed further in accordance with Law. The
complainant is also directed to file his proof affidavit on that date
and proceed further. The learned trial Judge is directed to proceed
with the complaint in accordance with Law and directed to complete
the proceedings and dispose of the complaint, within a period of six
months from the date of receipt of a copy of this judgment.
11.10.2022
Index : Yes/No
Internet : Yes
Asr
To
The Judicial Magistrate Fast Track Court No.1 @ Magisterial Level,
Coimbatore
Note to office:
Issue Judgment copy on
12.10.2022.
https://www.mhc.tn.gov.in/judis
Crl. A. No.695 of 2022
P.VELMURUGAN, J.
Asr
Crl.A. No.695 of 2022
Dated : 11.10.2022
https://www.mhc.tn.gov.in/judis
