M/S.Fernando Coal And Coke Merchant vs Santha Alloys India (P) Ltd
2025 Latest Caselaw 8399 Mad

Madras High Court

M/S.Fernando Coal And Coke Merchant vs Santha Alloys India (P) Ltd on 5 November, 2025

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                      Crl.A.No.341 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.11.2025

                                                         CORAM:

                      THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                               Crl.A.No. 341 of 2022

                  M/s.Fernando Coal and Coke Merchant,
                  Represented by its Proprietor Hippolistas Fernando,
                  25, Kaleeswara Nagar, 1st Street, Kattoor,
                  Ram Nagar (po),
                  Coimbatore - 641009.                                                ... Appellant

                                                              Vs

                  1.Santha Alloys India (P) Ltd.,
                    Rep by its Managing Director,
                    C.Senthil Kumar,
                    Chetti Palayam, Palladam Road,
                    Chikka Naicken Palayam,
                    Coimbatore District.

                  2.Mr.C.Senthil Kumar,
                    Managing Director,
                    M/s.Senthil Alloys Indian Pvt Ltd.,
                    Chetti Palayam, Palladam Road,
                    Chikka Naicken Palayam,
                    Coimbatore District.                                              ... Respondents

                  Prayer: Criminal Appeal filed under Section 372 of the Code of Criminal
                  Procedure, 1973, to set aside the Judgment and the order acquittal, acquitting
                  the accused passed by the Trial Judicial Magistrate, Fast Track Court
                  Magistrate Level II at Coimbatore in CC.No.326/2017 dated 18.07.2017 and


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                                                                                       Crl.A.No.341 of 2022

                  convict the accused by imposing a maximum sentence of 2 years simple
                  imprisonment and award the compensation directing the respondent accused
                  to pay double the cheque amount as compensation to the complainant.


                                  For Appellant             : No appearance
                                  For Respondents           : Mr.P.Sidharthan

                                                           ORDER

Today, when the matter came up for hearing, the erstwhile counsel

namely M/s.R.Vasudevan and D.Ravi appeared in the matter, appeared before

this Court and submit that they have already given a change of vakalat

pursuant to which, even though their name was ordered to be deleted, their

name is still appearing in the cause list and request that their name to be

deleted. Be that as it may, even though the cause title shows the name

M/s.R.Vasudevan and D.Ravi, it also categorically shows the name

M/s.S.A.Udayakumari, S.H.S.Manian and G.Balasubramaniam appearing for

the complainant on change of vakalat. The cause title clearly shows their name

on the top for the complainant.

2. Mr.P.Sidharthan, learned counsel appearing on behalf of the

respondents would submit that on the last occasion also there was no

representation on behalf of the new counsel who had entered appearance.

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Today also, there is no representation on behalf of the appellant.

3. In the said circumstances, the above criminal appeal stands

dismissed for non prosecution. Accordingly, connected criminal original

petition also stands closed. No costs.

05.11.2025 Neutral Citation: Yes/No ssa

To

1. The Judicial Magistrate, Fast Track Court Magistrate Level II, Coimbatore.

2. The Public Prosecutor, High Court, Madras.

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D.BHARATHA CHAKRAVARTHY, J.

ssa

05.11.2025

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