P.S.G.Power Solutions Private ... vs A.Saraswathy
2023 Latest Caselaw 10751 Mad

                                                                                 Crl.A.No.256 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 18.08.2023

                                                         CORAM:

                    The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                Crl.A.No.256 of 2015


                   P.S.G.Power Solutions Private Limited
                   By its Managing Director A.Sargunan
                   No.7, A-Block, Iswariyam Aveneue
                   Rani Street, Somu Street,
                   Medawalkkam, Chennai – 600 100.                ...Petitioner/Appellant


                                                          -Vs-

                   A.Saraswathy                                   ...Respondent/Respondent


                   Prayer:- Criminal Appeal filed under Section 378 of the Criminal
                   Procedure Code, 1973, to call for the records in C.C.No.233 of 2013 on the
                   file of the learned Judicial Magistrate, Fast Track Court (Magisterial
                   Level) Alandur, and set aside the judgment dated 11.12.2014 and punish
                   the Accused under Section 138 of the Negotiable Instruments Act and
                   direct the Accused to pay compensation of cheque amount.


                                         For Appellant      : No appearance
                                         For Respondent     : Mr.P.Thinesh




https://www.mhc.tn.gov.in/judis
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                                                                                 Crl.A.No.256 of 2015

                                                   JUDGMENT

When the case came up for hearing on 12.07.2023, learned Counsel

for the Respondent alone was present in Court. There was no

representation on behalf of the Appellant. Therefore, Registry was directed

to post this case under the caption “For Dismissal” on 19.07.2023.

2. On 19.07.2023, learned Counsel for the Appellant submitted that

he had returned the case records to the party/Appellant. Therefore, this

Court directed the Registry to remove the name of the Counsel on record

for the Appellant. Also, the Registry was directed to issue notice to the

Appellant, directing the Appellant to appear before this Court either

through Counsel or directly, failing which the Appeal will be dismissed.

Therefore, this Court directed the Registry to post the Appeal under the

caption “For Dismissal”on 18.08.2023.

3. Today, 18.08.2023, when the case came up for hearing, the

learned Counsel for the Respondent alone is present in Court. The Registry

has placed the report of the learned Judicial Magistrate, Fast Track Court

(Magisterial Level), Alandur. The learned Judicial Magistrate, Fast Track

Court (Magisterial Level), Alandur, had stated that notice was sent through https://www.mhc.tn.gov.in/judis

Crl.A.No.256 of 2015

the Inspector of Police, T-14 Pallikaranai Police Station, Chennai. The

Inspector of Police, T-14 Pallikaranai Police Station, Chennai, had filed a

report in D.No.1205 of 2023 dated 02.08.2023, stating that the Appellant

had vacated the premises and therefore, the Appellant was unable to serve

notice. In the light of the letter placed by the Registry from the learned

Judicial Fast Track Court (Magisterial Level), Alandur, along with the

report of the Inspector of Police, T-14 Pallikaranai Police Station, Chennai.

No purpose will be served by repeatedly adjourning this case. Hence, this

Court is inclined to dismiss the Appeal.

4. Accordingly, this Criminal Appeal stands dismissed.

18.08.2023 cda Index : Yes/No Speaking/Non-speaking order

To

1.The Judicial Magistrate, Fast Track Court (Magisterial Level) Alandur.

2.The Section Officer, VR Records, High Court, Chennai.

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

Crl.A.No.256 of 2015

SATHI KUMAR SUKUMARA KURUP, J.,

cda

Crl.A.No.256 of 2015

18.08.2023

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