K.Ramasubramanian vs Sathyanarayanan
2023 Latest Caselaw 3599 Mad

                                                                                 Crl.A.No.287 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 31.03.2023

                                                           CORAM:

                                  THE HONOURABLE Mr.JUSTICE V.SIVAGNANAM

                                             Criminal Appeal No.287 of 2022


                     K.Ramasubramanian                                      ... Appellant
                                                                           Vs.


                     Sathyanarayanan                                        ... Respondent

                     Prayer:       Criminal Appeal has been filed under Section 14 -A(2) of
                     SC/ST Act to set aside the order dated 01.03.2021 made in C.C.No.387
                     of 2020 on the file of the learned Judicial Magistrate, Fast Track Court I
                     at ML, Coimbatore.


                                   For appellant                 : Mr.R.Babu

                                   For Respondent               : Mr.C.S.Saravanan

                                                      JUDGMENT

This Criminal Appeal has been filed to set aside the order dated

01.03.2021 made in C.C.No.387 of 2020 on the file of the learned

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Judicial Magistrate, Fast Track Court I at ML, Coimbatore.

2.The learned counsel for the appellant submitted that the

appellant/complainant had filed a complaint against the respondent

/accused under Section 138 of the Negotiable Instruments Act. The

learned trial Judge dismissed the complaint on 01.03.2021 under Section

256 of Cr.PC, and acquitted the accused, stating that though sufficient

opportunity is given, the appellant/complainant did not appear either in

person or through his counsel. The learned counsel for the appellant

further submitted that the appellant prays one more opportunity to

proceed with the case and hence, this Criminal Appeal may be disposed

of by directing the trial Judge to extend an opportunity to let in evidence

and dispose of the matter on merits and thus pleaded to set aside the

order and remit the case back to the trial Court to decide the matter on

merits.

3.The learned counsel for the respondent has submitted that

despite sufficient opportunities given to the appellant, since he did not

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turn up, the case in CC No.387 of 2020 has been dismissed for default

under Section 256 Cr.PC and the accused/respondent was acquitted and

hence, no interference is required.

4.Considering the submissions made by the learned counsel on

either side and on perusal of the records, the fact reveals that the

appellant is the complainant in CC.No.387 of 2020 on the file of the

learned Judicial Magistrate, Fast Track Court [email protected] ML, Coimbatore.

The appellant/complainant filed a complaint against the respondent

/accused under Section 138 of the Negotiable Instruments Act. None

appeared on behalf of the appellant/complainant when the matter was

taken up by the Court below. Hence, the learned trial Judge dismissed

the said complaint on 01.03.2021 for default under Section 256 of Cr.PC

and acquitted the accused/respondent. The case was not disposed of on

merits. Therefore, since the matter pertains to dishonouring the cheque by

the respondent/accused and the complaint was dismissed only on the

ground of default, in the interest of justice, this Court feels it appropriate

to extend a final opportunity to the appellant to let in evidence and

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proceed with the matter and after closure of the evidence on both sides,

the matter can be decided on merits.

5.Accordingly, the impugned order dated 01.03.2021 made in

CC No.387 of 2020 is hereby set aside and the matter is remitted back to

the trial Court. The trial Court is directed to extend an opportunity to the

petitioner to let in evidence and also to permit the respondent/accused to

defend his case and dispose of the complaint in CC No.387of 2020 on

merits. The said exercise shall be completed within a period of four

months from the date of receipt of the case records. The Registry is

directed to remit the case records to the trial Court forthwith.

6.Accordingly, this Criminal Appeal is allowed.

31.03.2023 Internet:yes/no Speaking order/ Non speaking order

dn

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To

1.The learned Judicial Magistrate, Fast Track Court I at ML, Coimbatore

2.The Public Prosecutor, High Court of Madras, Chennai.

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V.SIVAGNANAM,J.

dn

Crl.A.No.287 of 2022

31.03.2023

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