Madras High Court
M/S.Hinduja Leyland Finance Limited vs Abhimanyyukejriwal on 9 August, 2024
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
Crl.A.Nos.1023 to 1026 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR
Crl.A.Nos.1023 to 1026 of 2024
Crl.A.No.1023 of 2024
M/s.Hinduja Leyland Finance Limited,
Having their Corporate Office at No.27A,
Developed Industrial Estate, Guindy,
Chennai – 600 032 and
Regional Office at No.166 and 169,
Anna Salai, Little Mount, Saidapet,
Chennai-600 015.
Represented by its Authorised
representative Mr.Sabapathy.N ... Appellant
Vs.
1.Abhimanyyukejriwal
2.M/s.Parijat Vyapaar Private Limted,
Rep by its Director Mahesh Kumar Kejriwal
th
12A, Netaji Subhash Road, 5 Floor,
Suit No.12, Kolkata – 700001.
3.Mahesh Kumar Kejriwal ... Respondents
1/10
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Crl.A.Nos.1023 to 1026 of 2024
Crl.A.No.1024 of 2024
M/s.Hinduja Leyland Finance Limited,
Having their Corporate Office at No.27A,
Developed Industrial Estate, Guindy,
Chennai – 600 032 and
Regional Office at No.166 and 169,
Anna Salai, Little Mount, Saidapet,
Chennai-600 015.
Represented by its Authorised
representative Mr.Sabapathy.N ... Appellant
Vs.
1.SiddharthaKejriwal
2.M/s.Pioneer Barter Private Limited,
Rep. by its Managing Director,
Mahesh Kumar Kejriwal,
th
No.12A, Netaji Subhash Road, 5 Floor,
Room No.12, Kolkata,
West Bengal – 700001. ... Respondents
Crl.A.No.1025 of 2024
M/s.Hinduja Leyland Finance Limited,
Having their Corporate Office at No.27A,
Developed Industrial Estate, Guindy,
Chennai – 600 032 and
Regional Office at No.166 and 169,
Anna Salai, Little Mount, Saidapet,
2/10
https://www.mhc.tn.gov.in/judis
Crl.A.Nos.1023 to 1026 of 2024
Chennai-600 015.
Represented by its Authorised
representative Mr.Sabapathy.N ... Appellant
Vs.
1.M/s.Vedicaa Suppliers Private Limited,
Rep by its Authorised person
Mr.Mahesh Kumar Kejriwal,
th
No.12A, Netaji Subhash Road, 5 Floor,
Suit No.12, Kolkata – 700001.
2.Mahesh Kumar Kejriwal,
Authorised person of
M/s.Vedicaa Suppliers Private Limited,
th
No.12A, Netaji Subhash Road, 5 Floor,
Suit No.12, Kolkata – 700001.
3.Mahesh Kumar Kejriwal ... Respondents
Crl.A.No.1026 of 2024
M/s.Hinduja Leyland Finance Limited,
Having their Corporate Office at No.27A,
Developed Industrial Estate, Guindy,
Chennai – 600 032 and
Regional Office at No.166 and 169,
Anna Salai, Little Mount, Saidapet,
Chennai-600 015.
Represented by its Authorised
representative Mr.Sabapathy.N ... Appellant
3/10
https://www.mhc.tn.gov.in/judis
Crl.A.Nos.1023 to 1026 of 2024
Vs.
1.M/s.Abhhijit Infraa Projects Private Limited,
Rep by its Director Mr.Abhimanyyu Kejriwal,
Having its registered office at
777/1, SaratChaterjee Road,
nd
Shibpur, 2 Floor,
Flat 2C, Howrah – 711 101.
2.Abhimanyyu Kejriwal,
Director of M/s.Abhhijit Infraa Projects Private Limited,
777/1, SaratChaterjee Road,
nd
Shibpur, 2 Floor,
Flat 2C, Howrah – 711 101.
3.Rakesh Sharda
Director of M/s.Abhhijit Infraa Projects Private Limited,
777/1, SaratChaterjee Road,
nd
Shibpur, 2 Floor,
Flat 2C, Howrah – 711 101.
4.Abhimanyyu Kejriwal ... Respondents
Common Prayer: Criminal Appeals filed under Section 378 of Cr.P.C.
praying to call for the records of the order passed in S.T.C.Nos.1957, 1955,
1956 & 1958 of 2021 dated 05.08.2023, respectively, on the file of
Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai
and set aside the same by allowing the criminal appeals and consequently
restore the complaints on the file of the learned Metropolitan Magistrate,
FTC-II, Egmore, Chennai.
4/10
https://www.mhc.tn.gov.in/judis
Crl.A.Nos.1023 to 1026 of 2024
For Appellant : Mr.V.Balasubramani
in all Crl.As.
For Respondents : Mr.Mohammed Mudassir Ali
in all Crl.As.
COMMON JUDGMENT
These appeals have been filed challenging the order passed in
S.T.C.Nos.1957, 1955, 1956 & 1958 of 2021 dated 05.08.2023, respectively,
on the file of Metropolitan Magistrate, Fast Track Court-II, Egmore at
Allikulam, Chennai and consequently to restore the complaints on the file of
the learned Metropolitan Magistrate, FTC-II, Egmore, Chennai.
2.The learned counsel for appellant/complainant submitted that the
appellant-company filed a private complaint for offence under Section 138 of
the Negotiable Instruments Act against the respondents in S.T.C.Nos.1957,
1955, 1956 & 1958 of 2021, respectively. The complaints were dismissed for
non payment of process batta under Section 204(4) r/w 256 of Cr.P.C.
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Crl.A.Nos.1023 to 1026 of 2024
3.The contention of the learned counsel for appellant is that the
appellant had been taking diligent steps to prosecute the case. The summons
unable to be served, since the respondents are residing in Kolkata. The
appellant unable to get the status of the summons within the next hearing date
and each time the appellant is taking summons and the same is unable to be
served. The respondents/accused have been successfully evading the
summons. Though the appellant represented these facts, the trial Court failed
to consider the same on the other hand dismissed the complaints.
4.It is seen that the complaints were dismissed on technical grounds
for non payment of process batta. Hence, no prejudice would be caused to the
respondents in the event of restoring the complaints. Hence, notice to the
respondents dispensed with.
5.On the submission made by the learned counsel for appellant and
on perusal of the material, it is seen that the complaints were dismissed for
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Crl.A.Nos.1023 to 1026 of 2024
non payment of process batta and not on merits. Further, it is seen that the
accused are residing in Kolkata. Naturally there will be some difficulty in
serving summons outside the State. In view of the same, this Court accepts
the reason given by the appellant.
6.Accordingly, the impugned orders dated 05.08.2023 passed by
the learned Metropolitan Magistrate, Fast Track Court-II, Egmore at
Allikulam, Chennai are set aside and the petitions/complaints in
S.T.C.Nos.1957, 1955, 1956 & 1958 of 2021 are restored on the file of
Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai.
7.The trial Court is directed to list the cases within a period of two
weeks from the date of receipt of a copy of this order. The appellant to take
process and the summons to be served through the Commissioner of Police,
Kolkata, within a period of one week thereafter and sufficient time to be
given for the summons to be delivered to the respondents. In the event of
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Crl.A.Nos.1023 to 1026 of 2024
respondents evading service of summons, the trial Court is directed to issue
Non Bailable Warrant against the respondents and the Non Bailable Warrant
can be executed through the Commissioner of Police, Kolkata/jurisdictional
police and ensure the presence of the accused.
8.With the above directions, these Criminal Appeals are allowed.
09.08.2024
Index: Yes/No
Internet: Yes/No
Speaking order/Non-speaking order
Neutral citation: Yes/No
rsi
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Crl.A.Nos.1023 to 1026 of 2024
To
1.The Metropolitan Magistrate,
Fast Track Court-II,
Egmore at Allikulam, Chennai.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.A.Nos.1023 to 1026 of 2024
M.NIRMAL KUMAR, J.
rsi
Crl.A.Nos.1023 to 1026 of 2024
09.08.2024
https://www.mhc.tn.gov.in/judis
