Madras High Court
Gordon Woodroffe Logistics Ltd vs M/S.Hawthorne Infrastructure ... on 14 August, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.335 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.335 of 2024
Gordon Woodroffe Logistics Ltd.,
represented by Mr.P.S.Asokan,
Regional Manager & Authorized Signatory,
Registered Officer: Kuber's II Floor,
No.42, Pantheon Road, Egmore,
Chennai – 600 008. ... Appellant
Vs.
1.M/s.Hawthorne Infrastructure Development
(India) Private Ltd Rep. by its Director
R.Babu Krishnamoorthi,
Having Office at W-371, East Main Road,
Anna Nagar West, Chennai – 600 101.
2.R.Babu Krishnamoorthi,
Director,
Hawthorne Infrastructure Development
(India) Private Ltd
Having Office at W-371, East Main Road,
Anna Nagar West, Chennai – 600 101.
3.Dr.Ganesan Visvabharathy,
Director,
Hawthorne Infrastructure Development
(India) Private Ltd.,
Having Office at W-371, East Main Road,
Anna Nagar West, Chennai – 600 101. ... Respondents
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Crl.A.No.335 of 2024
PRAYER: Criminal Appeal filed under Section 378 of Code of Criminal
Procedure, to set aside the order dated 30.01.2024 in C.C.No.3485 of 2016
on the file of the Metropolitan Magistrate, Fast Track Court II, Egmore at
Allikulam, Chennai – 600 003.
For Appellant : Ms.Anita Thomas
For R2 : Mr.J.J.R.Edwin
JUDGMENT
The appellant as a complainant filed a complaint against the
respondents in C.C.No.2485 of 2016 before the learned Metropolitan
Magistrate, Fast Track Court No.II, Egmore at Allikulam for offence under
Section 138 of the Negotiable Instruments Act, 1881 and the same was
dismissed vide impugned judgment, dated 30.01.2024 for non-prosecution.
Challenging the same, the present criminal appeal has been filed.
2.The learned counsel for the petitioner appeared through video
conference and submitted that the petitioner engaged in the business of
freight forwarding and custom brokering and the 1st respondent Company
engaged in the business of providing consultancy services in the real estate
projects for residential, commercial and industrial facilities. In the course of
business, the respondents utilized the service of the petitioner by employing
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it for shipping and clearing of construction materials from abroad to India,
for which clearance bill and corresponding document raised which was
acknowledged. In discharge of the liability, the respondents issued cheque,
which got dishonoured. Thereafter, following statutory provisions, the
complaint under Section 138 of the Negotiable Instruments Act, 1881 filed
against the respondents in C.C.No.2485 of 2016 and the same was kept
pending for service of summons to all the accused. Later it came to know
that accused No.3 residing in USA and unable to be traced. Hence, the
appellant filed a petition in Crl.M.P.No.51075 of 2023 to withdraw the
complaint against the 3rd respondent and the same was allowed on
08.11.2023 and thereafter the matter posted for trial on 04.12.2023. On
04.12.2023, it was declared as holiday due to Michaung Cyclone and the
case was reposted on 26.12.2023. Since it was Christmas vacation, the
appellant's counsel sought for adjournment to 30.01.2024. This
adjournment date not noted in the diary by the appellant's counsel and the
same not informed to the appellant. The appellant was not aware about the
case posted on 30.01.2024, for that reason, the appellant could not appear
before the trial Court. For not appearing for one hearing, the complaint
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dismissed for non-prosecution.
3.The learned counsel for the respondents submitted that the
complaint was dismissed for non appearance of the appellant. The
respondents got a good case on merits and they would defend the case. The
appellant by keeping the complaint pending from the year 2016, is causing
harassment to the respondents.
4.Considering the submissions and on perusal of the materials, it is
seen that the complaint of the appellant dismissed for non appearance of the
appellant, but not on merits. Hence, this Court is inclined to give one more
opportunity to the appellant to contest the case.
5.In view of the above, the impugned order, dated 30.01.2024 passed
by the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore at
Allikulam in C.C.No.2485 of 2016 is set aside and the criminal appeal
stands allowed.
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6.The petitioner and the respondents are directed to appear before the
learned Metropolitan Magistrate, Fast Track Court No.II, Egmore at
Allikulam on 28.08.2024 without fail and thereafter date may be fixed for
trial. The learned Metropolitan Magistrate, Fast Track Court No.II, Egmore
at Allikulam is directed to complete the trial in C.C.No.2485 of 2016 on
merits within a period of two months from the date of receipt of a copy of
this order.
14.08.2024
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
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Note: Issue order copy on 19.08.2024
To
The Metropolitan Magistrate,
Fast Track Court No.II,
Egmore at Allikulam.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
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14.08.2024
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