Pa.E.Kannan vs S.Subbulakshmi
2024 Latest Caselaw 20544 Mad

Madras High Court

Pa.E.Kannan vs S.Subbulakshmi on 29 October, 2024

                                                                                  Crl.A(MD)No.857 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 29.10.2024

                                                          CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                                  Crl.A(MD)No.857 of 2024

                  Pa.E.Kannan                                  ... Appellant/Complainant


                                                             Vs.

                  1.S.Subbulakshmi                             ... Respondent/Accused

                  2.Senior Superintendent of Post Officer,
                    Madurai Division,
                    Madurai – 625 002.                    ... 2nd Respondent
                  (R2 is suo motu impleaded vide order dated 05.04.2024 in Crl.M.P.(MD).No.
                  972 of 2024 in Crl.A.(MD).No.SR2854 of 2024)

                  Prayer : This Appeal is filed under Section 378(1) of Cr.P.C., to call for the

                  records and to set aside the Judgment passed in S.T.C.No.995 of 2023, dated

                  08.09.2023 on the file of the learned Judicial Magistrate No.II, Karur.

                                  For appellant          : Mr.R.Mathiyalagan

                                  For R-1 & R-2         : Mr.S.Gokulraj for R1
                                                          Mr.K.Govindarajan for R2
                                                      Deputy Solicitor General of India




https://www.mhc.tn.gov.in/judis
                  1/5
                                                                                  Crl.A(MD)No.857 of 2024


                                                          JUDGMENT

Heard the learned Counsel appearing for the appellant and the

learned counsels appearing for the respondents.

2.The facts in brief:

The private complaint was filed by the appellant herein against the

respondent under Section 200 Cr.P.C., stating that the respondent herein

borrowed a sum of Rs.4,00,000/- on 15.02.2022, for his routine family

expenses. To discharge the same he issued a cheque dated 15.03.2022. It

was presented for payment through the banker of the complainant, which

came to be returned due to insufficient funds. Therefore, after completing the

statutory formalities, he filed the present complaint against the first

respondent for the offence punishable under Section 138 of the Negotiable

Instruments Act.

3.The trial Court took cognizance of the offence and issued

summon to the accused. But on the date of hearing namely on 08.09.2023, he

the complainant remained absent. There was no representation for the

complainant. Similarly accused was also absent. Petition under Section 317

Cr.P.C. was filed. Due to the absence of the complainant, complaint was

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

dismissed for non prosecution. Against which, this appeal is preferred by the

appellant.

4.The learned counsel for the appellant would submit that on the

date of hearing namely on 08.09.2023, he was unable to appear before the

trial Court and his counsel also could not appear. On that ground the order

was passed by the trial Court. Now he is ready to compensate the respondent

for the inconvenience caused to him. The respondent's counsel also ready to

accept the same. Accordingly, Rs.1,000/- was ordered to be paid to the

respondent. Cost paid. That was also accepted by the respondent. Memo filed.

Recorded.

5.In view of the above said, order of dismissal passed by the trial

Court is hereby set aside. There shall be a direction to the trial Court to

restore the complaint on file and proceed in accordance with law. Let the

parties appear before the trial Court within a period of fifteen days from the

date of receipt of a copy of this order, if failed, the trial court shall issue

notice to the parties by fixing a particular date for their appearance.

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

6.With the above said directions, this criminal appeal stands

allowed.

                                                                                       29.10.2024
                  Index    : Yes/No
                  Internet : Yes/No
                  TM

                  To

1.The Judicial Magistrate No.II, Karur.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

G.ILANGOVAN,J.

TM

29.10.2024

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