V.Kalyanaraman vs K.R.Nachiappan
2024 Latest Caselaw 5079 Mad

Madras High Court

V.Kalyanaraman vs K.R.Nachiappan on 4 March, 2024

                                                                           Crl.A.(MD) No.113 of 2024




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 04.03.2024

                                                        CORAM

                       THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH

                                             Crl.A.(MD) No.113 of 2024

                    V.Kalyanaraman                                               ...Appellant/
                                                                                Complainant
                                                           Vs.

                    K.R.Nachiappan                                            ...Respondent/
                                                                                Accused
                    PRAYER : This Criminal Appeal is filed under Section 378 of
                    Criminal Procedure Code, to call for records pertaining to the
                    judgment/order of acquittal in C.C.No.1278/2021 dated 24.11.2023 on
                    the file of the learned Judicial Magistrate No.II, Tiruchirappalli and set
                    aside the same.


                                  For Petitioner      : Ms.R.Sridevi




                    1/5
https://www.mhc.tn.gov.in/judis
                                                                                Crl.A.(MD) No.113 of 2024




                                                        ORDER

This Criminal Revision Case has been filed by the

petitioner/complainant as against the dismissal order passed by the learned

Judicial Magistrate No.II, Tiruchirappalli in C.C.No.1278 of 2021, dated

24.11.2023.

2. In this Criminal Appeal, notice as well as private notice was

ordered on 13.02.2024 and the private notice was returned as

“unserved/Door Locked”. Despite notice being served on the respondent,

he has not chosen to appear in person or through any counsel.

3. The learned counsel appearing for the petitioner/complainant

submitted that the petitioner/complainant has filed a private complaint

against the respondent/accused for the offence under Section 138 of

Negotiable Instruments Act, before the learned Judicial Magistrate No.II,

Tiruchirappalli and the same was taken on file in C.C.No.1278 of 2021.

However, the learned trial Court dismissed the complaint under Section

https://www.mhc.tn.gov.in/judis

204 of Cr.P.C. and acquitted the accused stating that 'complainant called

absent' and 'no representation'. Aggrieved over the said order, the present

Criminal Appeal is filed.

4. When the matter was taken up for hearing, learned counsel for

the petitioner/complainant has produced an order of this Court passed in

Cr.R.C.No.682 of 2013 dated 24.10.2019, wherein, para 6 reads as follows:

“6.The learned counsel appearing for the

petitioner/complainant has also produced a order of this

Court passed in Crl.R.C.No.181 of 2015 dated 22.04.2015,

wherein, para 4 reads as follows:

“4.......However, the complaint has not been dismissed

for non appearance of the petitioner under Section 256 of the

Code, but the same was dismissed by the learned Magistrate

only under Section 204(4) of the Code of Criminal procedure,

on account of non-payment of process fee for issuance of

summons to the accused. On such a trivial ground, in my

considered opinion, the valuable right of the petitioner to have

an effective contest cannot be deprived of.........”

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5. Considering the facts and circumstances of the case, this

criminal appeal is allowed and the order of the learned Judicial Magistrate

No.II, Tiruchirappalli, in C.C.No.1278 of 2021, dated 24.11.2023, is set

aside and the matter is remanded back to the concerned Judicial

Magistrate. However, the learned Judicial Magistrate No.II,

Tiruchirappalli, is directed to take up the matter immediately and dispose

the same within a period of six months from the date of receipt of a copy of

this order.

                                                                                     04.03.2024


                    Index : Yes/No
                    Internet : Yes/No
                    NCC      : Yes / No

                    PKN




                    To

1.The learned Judicial Magistrate No.II, Tiruchirappalli.

2.The Record Keepter, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

VIVEK KUMAR SINGH, J.

PKN

04.03.2024

https://www.mhc.tn.gov.in/judis