Madras High Court
The India Cements Limited vs M/S.Aravindan Agencies on 1 December, 2023
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.1176 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.1176 of 2023
The India Cements Limited,
Represented by its Authorized person Mr.S.Kannan,
Registered office at No.827, Dhun Building,
Mount Road, Chennai-600002,
Corporate office at Coromandel Towers,
93, Santhome High Road, Karpagam Avenue,
Raja Annamalai Puram, Chennai-600028. ... Appellant
-Vs-
1.M/S.Aravindan Agencies,
Prop: Mr.R.Ravichandran.
2.Prop: Mr.R.Ravichandran,
Proprietor M/s.Aravindan Agencies,
Both Accused having common business
address at 125 A, Main Road,
Thanneerpandhal, Sirkali,
Nagapattinam District-609102. ... Respondents
PRAYER: Criminal Appeal filed under Section 374 of Code of Criminal
Procedure, to call for the records in C.C.No.8794 of 2019 on the file of
the learned Metropolitan Magistrate, FTC-1, Egmore @ Allikulam, and
set aside the judgment, dated 24.08.2022.
For Appellants : Mr.V.Vijayakumar
For Respondents : No Appearance
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
Crl.A.No.1176 of 2023
JUDGMENT
This Criminal Appeal is filed against the dismissal of the case in
C.C.No.8794 of 2019 filed the appellant/complainant for non-prosecution
under Section 256 Cr.P.C., on 24.08.2022 by the learned Judicial
Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai (trial
Court).
2.The appellant as complainant filed a private complaint under
Section 138 of the Negotiable Instruments Act, 1881 in C.C.No.8794 of
2019 against the respondent/accused. Due to non-appearance of the
appellant, the case has been dismissed for non-prosecution merely on
technicality and not on merits.
3.The learned counsel for the appellant submitted that the appellant
is leading cement manufacturer in India manufacturing various grades of
cements and sells the same through the dealers/stockiest on
exclusive/non-exclusive basis. The respondent is one of the dealers at
Alangudi, Pudukottai District to sell the products of the appellant. The
respondent was having some credit transaction with the appellant. In
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discharge of the credit, the respondent gave cheque for a sum of
Rs.3,70,000/- to the appellant. When the same was presented, got
dishonored. After following all statutory procedures, the case has been
filed. The appellant has got several cases against the defaulters who had
given cheque, not honoured. More than 150 cases are pending before the
same trial Court.
4.The learned counsel further submitted that the counsel appearing
regularly before the trial Court, representing and prosecuting the
complaints on behalf of the appellant. On 24.08.2022, the appellant was
not aware about listing of the above case. Earlier to it also not received
the final notice, dated 28.06.2022. Be that as it may, the appellant does
not find fault for the mishap by the trial Court. His only contention is
that the impugned judgment to be set aside and the complaint to be taken
on file and to take the complaint to its logical end. The appellant would
complete the trial of the case without any delay. Being a complainant, he
is very much interested to complete the trial without delay. Hence, prays
for setting aside the impugned judgment of the trial Court.
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5.It is seen that the complaint dismissed for non-prosecution and
not on merits. Hence, notice to the respondent not required. In view of
the same, this Court is of the view that real justice can only only ful-
fledged trial and thereafter, judgment. Hence, this Court set asides the
impugned judgment, dated 24.08.2022 passed by the trial Court in
C.C.No.8794 of 2019. Accordingly, the case is C.C.No.8794 of 2019 is
restored to the file of the trial Court.
6.The trial Court is directed to issue notice for the appearance of
the respondent if needed send notice through the jurisdiction Police and
ensure his presence. This exercise to be done within a period of two
weeks from the date of receipt of a copy of this judgment.
7.The appellant shall appear before the trial Court, be ready with
affidavit and all documents and proceed with the case without further
delay.
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8.In the result, this Criminal Appeal stands allowed.
01.12.2023
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Speaking Order/Non-Speaking Order
Internet: Yes/No
Index: Yes/No
Neutral Citation: Yes/No
To
The Metropolitan Magistrate, FTC-1,
Egmore @ Allikulam, Chennai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR,. J.
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01.12.2023
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