Madras High Court
M/S. Sree Gokulam Chit And Finance ... vs M.Ramu on 12 February, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.A.No.1649 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Appeal No.1649 of 2024
M/s. Sree Gokulam Chit and Finance Co.(P) Limited,
Rep.by its Vice Chairman
Mr.V.C.Praveen,
Having Corporate Office at:
No.66, Arcot Road, Kodambakkam,
Chennai – 600 024,
Having Branch Office at :
Sree Sai Towers, 1064/8,
Post Office Road, Hosur – 635 109. ... Appellant
..vs..
M.Ramu ... Respondent
Criminal Appeal filed under Section 419 of BNSS, 2023, to call
for the records and judgment acquitting the respondent/accused in
S.T.C.No.23 of 2013 dated 21.08.2024 passed by the Judicial Magistrate,
Fast Track Court, Hosur and set aside the same.
Page No.1/8
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Crl.A.No.1649 of 2024
For Appellant : Mr.L.Rajasekar
For Respondents : Mr.A.Balamurugan
JUDGMENT
This Criminal Appeal is filed against the judgment passed in
S.T.C.No.23 of 2013, dated 21.08.2024 by the learned Judicial
Magistrate, Fast Track Court, Hosur, by acquitting the respondent-
accused.
2. Learned counsel for the appellant submitted that after complying
with the legal requirements, the appellant-complainant filed a private
complaint under Section 138 of Negotiable Instruments Act before the
learned Judicial Magistrate, Fast Track Court, Hosur against the
respondent-accused alleging that the respondent-accused, who is the
subscriber of the appellant-complainant chit group had issued a cheque
for Rs.10,39,895/-, dated 21.11.2012 drawn on M/s.City Union Bank
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Ltd., Hosur Branch, to discharge his liability towards the chit outstanding
amount. When the said cheque was presented for realization, it was
returned as ''Funds Insufficient''. He further submitted that after filing of
the complaint, as per the settlement talks, the respondent-accused had
paid part payment of Rs.4,00,000/- to the appellant-complainant and the
same was informed to the trial Court and that the case was adjourned for
filing fresh proof affidavit on 06.08.2024. On 06.08.2024, the
complainant was present and the accused was absent and the complainant
had sought time for filing fresh proof affidavit and the case was
adjourned to 21.08.2024. However, the trial Court on 21.08.2024,
dismissed the complaint for non-prosecution by observing that in spite of
giving sufficient opportunities, the complainant has not proceed with the
case further. He further submitted that as per the settlement talks, the
accused made part payment to the complainant and that the complainant
with bona fide belief that the matter would be settled between them, the
complainant did not prosecute the case further. He further submitted that
all along from the year 2013 though the appellant-complainant had taken
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all diligent steps to proceed with the case, the learned Magistrate
erroneously dismissed the complaint. Hence he seeks one more
opportunity to prosecute the complaint in S.T.C.No.23 of 2013.
3. Learned counsel appearing for the respondent-complainant
submitted that the complaint was filed in the year 2013 in S.T.C.No.23 of
2013 and the same is pending at the stage of trial from 02.05.2024.
When the matter was taken up for hearing 06.08.2024, the trial Court
adjourned the matter to 21.08.2024 on condition that if the complainant
is not proceeding with trial on 21.08.2024, the complaint will be
dismissed for non-prosecution. However, when the matter was taken up
on 21.08.2024, the complainant sought further time for commencing the
trial. However, the trial Court dismissed the complainant by observing
that despite giving sufficient opportunities, the complainant did not take
any effective steps to proceed with the case further.
4. Heard both sides and perused the materials available on record.
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5. On a perusal of the records it is seen that pending complaint, the
respondent-accused paid part payment to the complainant and that the
trial Court adjourned the matter for filing fresh proof affidavit and trial
by 06.08.2024. On 06.08.2024, the complainant sought further time to
file fresh proof affidavit, hence the trial Court adjourned the matter to
21.08.2024 on condition that the trial should commence on 21.08.2024,
failing which, the case will be dismissed for non-prosecution. When the
matter was taken up for hearing on 21.08.2024, the appellant-
complainant sought further time to file proof affidavit and to
commencing the trial but the trial Court dismissed the complaint.
6. Considering the facts and circumstances of the case and also
considering the submissions of both sides and also in the interest of
justice, the appellant-complainant herein can be given one more
opportunity to prosecute the case further. Therefore, the order dated
21.08.2024 in S.T.C.No.23 of 2013 passed by the learned Judicial
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Magistrate, Fast Track Court, Hosur, is hereby set aside and hence, this
Criminal Appeal is allowed with the following conditions :
(i) The appellant-complainant shall file proof affidavit on or before
19.02.2025.
(ii) The respondent-accused is directed to complete the cross
examination on or before 21.02.2025.
(iii) The appellant-complainant is directed complete the evidence
on his side on or before 28.02.2025.
(iv) In case the respondent-accused wants to take evidence, he has
to complete the same on or before 07.03.2025.
(v) The Judicial Magistrate, Fast Track Court, Hosur, is hereby
directed to dispose of the case on merits and in accordance with law on
or before 28.03.2025 and file a compliance report before this Court on
01.04.2025.
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Post the matter under the caption ''For Filing Compliance Report''
on 01.04.2025.
12.02.2025
Note : Issue Order Copy on 13.02.2025
Index : Yes/No
Neutral Citation Case : Yes/No
Speaking Order : Yes/No
ms
To
The Judicial Magistrate,
Fast Track Court, Hosur.
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P.VELMURUGAN, J.
ms
12.02.2025
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