G.A.Murugesan vs Mr.P.Chandrasekaran
2025 Latest Caselaw 7355 Mad

Madras High Court

G.A.Murugesan vs Mr.P.Chandrasekaran on 22 September, 2025

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                                             CRL.A.No.1423 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 22.09.2025

                                                          CORAM

                             THE HONOURABLE MR. JUSTICE T.V.THAMILSELVI

                                              CRL.A.No.1423 of 2025

                G.A.Murugesan                                                           ... Appellant

                                                               Vs

                Mr.P.Chandrasekaran                                                     ...Respondent

                PRAYER : Criminal Appeal filed under Section 378 of Cr.P.C., to call for the
                records relating to the acquittal judgment in C.C.No.501 of 2020 passed by the
                Learned Judicial Magistrate Fast Track Court No.1 @ ML at Coimbatore dated
                12.01.2024 and set aside the same.
                                        For Appellant         : Mr.B.Nedunzhelian

                                                JUDGMENT

This Criminal Appeal has been filed as against the judgment in

C.C.No.501 of 2020 passed by the learned Judicial Magistrate, Fast Track

Court No.1, Coimbatore dated 12.01.2024 and to set aside the same.

2.Heard the learned counsel appearing for the appellant and perused the

materials placed before this Court.

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3.Learned counsel appearing for the appellant would submit that the

appellant is aged 72 years filed a case for the offence under section 138 of the

Negotiable Instruments Act and he was examined as PW1. On the date of cross

examination, the petitioner was not properly communicated by his erstwhile

counsel and due to non-communication, he was not able to appear before the

Trial Court on that date and hence the Trial Judge held that under section 256

Cr.P.C., dismissed the petition for non-prosecution and acquitted the accused.

He would further submit that though the respondent cheated Rs.3,00,000/- and

he is having valid defence, the Trial Court dismissed the case.

4.Considering the above facts and circumstances and also the age of the

appellant, this Court is inclined to grant one more opportunity to the petitioner.

5.In view of the above, the findings of the Trial Judge in C.C.No.501 of

2020 is hereby set aside and the Criminal Appeal stands allowed.

22.09.2025 Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No pam

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To

The Judicial Magistrate, Fast Track Court No.1, Coimbatore.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 08:41:57 pm )

T.V.THAMILSELVI, J.

pam

22.09.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/09/2025 08:41:57 pm )