Madras High Court
Rashiyabegam vs M.Selvaraj on 31 August, 2023
Crl.A.No.758 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Crl.A.No.758 of 2023
1. Rashiyabegam
2. Shajahan
Ameerbasha (Died) ... Appellants
Vs.
M.Selvaraj ... Respondent
Prayer : Criminal Appeal filed under Section 378 of the Criminal
Procedure Code, to set aside the order of acquittal dated 13.02.2023 in
S.T.C.No.55 of 2019 on the file of the learned Judicial Magistrate, Harur.
For Appellants : Mr.J.Pradeep
For Respondent : Mr.N.Baaskaran
JUDGMENT
Challenging the orders, dated 13.02.2023 in S.T.C.No.55 of
2019 passed by the learned Judicial Magistrate, Harur, the present
Criminal Appeal is filed.
2. The deceased appellant / complainant filed a private
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Crl.A.No.758 of 2023
complaint under Section 200 Cr.P.C., in S.T.C.No.55 of 2019 before the
learned Judicial Magistrate, Harur, against the respondent / accused for
an offence punishable under Section 138 of the Negotiable Instruments
Act. During the pendency of S.T.C.No.55 of 2019, the original
complainant died and thereafter his legal heirs filed a petition to implead
themselves in S.T.C.No.55 of 2019. Though the said petition was
allowed on 16.08.2022, the appellants did not carry out amendment in the
complaint, though they were given sufficient opportunities. Ultimately
the complaint was dismissed for default on 13.02.2023.
3. Mr.J.Pradeep, learned counsel for the appellants contended
that the appellants at the relevant point of time, were residing in Chennai
and they could not go over to the concerned Court due to Covid 19
pandemic situation to make necessary amendments in the complaint.
Hence, the learned counsel prayed for granting an opportunity to the
appellants to prove their case.
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Crl.A.No.758 of 2023
4. Mr.N.Baaskaran, learned counsel for the respondent
vehemently opposed for allowing the present Criminal appeal. His
contention is that the present appellants were not diligent enough in
carrying out necessary amendments in the complaint as per the directions
of the trial Court and therefore, they cannot be permitted to prosecute the
case.
5. A perusal of the records shows that the original complainant
died on 06.01.2020 and thereafter the present appellants filed a petition
in Crl.M.P.No.1275 of 2021 in S.T.C.No.55 of 2019 to implead
themselves as parties to the proceedings. Though the said petition was
allowed on 16.08.2022, they did not carry out amendment in the private
complaint and on this ground the private complaint was dismissed. This
Court is of the opinion that an opportunity can be given to the present
appellants to prove their case with regard to dishonour of cheque.
6. In view of the above, the case is remitted back to the trial
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Crl.A.No.758 of 2023
Court. The learned Judicial Magistrate, Harur is directed to take the case
on file and dispose of the case on merits, within a period of three months
from the date of receipt of a copy of this order.
7. With the above observation, this Criminal Appeal is
allowed. The Judgment and order, dated 13.02.2023 passed in
S.T.C.No.55 of 2019 by the Judicial Magistrate, Harur is set aside.
31.08.2023
Index: Yes/No
Speaking/Non-Speaking order
vum
To
1. The Judicial Magistrate, Harur.
2. The Section Officer,
Criminal Section,
Madras High Court, Chennai.
R. HEMALATHA, J.
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Crl.A.No.758 of 2023
vum
Crl.A.No.758 of 2023
31.08.2023
https://www.mhc.tn.gov.in/judis
