Remanded

M/S.Golecha Global v. ARUNSHAH,4/6,MAMTHA Complex

Madras HC21 Apr 2018CRL A/1004/2002

Case brief

AI extract

What is this about?

This criminal appeal challenged the acquittal of the respondent where the Trial Magistrate relied solely on the absence of the complainant company's seal in the complaint. The High Court held the omission was procedural and quashed the acquittal, remanding the matter for disposal after notice to both parties.

What did the court decide?

The impugned judgment of acquittal was set aside. The matter was remitted to the Trial Magistrate to issue notice to both parties and dispose of it.

M/S.Golecha Global Vs ARUNSHAH,4/6,MAMTHA Complex — Criminal Trial and Appeal | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 21.04.2018

¶2

Coram

¶3

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN

¶4

CRIMINAL APPEAL NO. 1004&1005 OF 2002

¶5

M/s. Golecha Global Finance

¶6

Limited, rep by its director Uma Mageswari

¶7

134, Santhome High Road,

¶8

Madras – 4. ... Appellant/complainant
Versus
Arun Shah ..... Respondent/Accused
PRAYER:
This Criminal Appeal filed under Section 378(2) of code
of Criminal Procedure to set aside the order in C.C.No.
810/98 on the file of XIII Metropolitian Magistrate Court,
Egmore dated 29.08.2001.
For Appellant :No appearance
For Respondent : No appearance
J U D G M E N T
The appellant is the complainant in this appeal. The
complainant M/s. Golecha Global Finance has filed
C.C.No.810 of 1988 on the file of XIII Metropolitian
Magistrate Court, Egmore dated 29.08.2001 against the
respondent Arun Shah. On the complainant side, two
witnesses were examined and Exhibits P1 to P10 were
marked. On the side of the accused no witnesses were
examined and no documents were marked.

¶9

2.The Trial Magistrate acquitted the accused by Judgment dated 29.08.2001 for the sole reason that the seal of the complainant company is not found in the complaint in question. This is the sole ground for acquitting. The complainant aggrieved against the same filed this appeal.

¶10

https://hcservices.ecourts.gov.in/hcservices/

¶11

3.There is no appearance for the complainant as wells as to the respondent.

¶12

4.This Court went through the materials on record and it is seen that in the cause title it has been mentioned that the complainant is represented by its Managing Director. It is also seen that the Managing Director has only signed in the complaint. It is true that the seal of the complainant company is not found but it is only a procedural omission. On this ground, the Trial Magistrate ought not to have acquitted the accused.

¶13

This Court is inclined to set aside the impugned Judgment passed by the Trial Court. Since this Court has not hear the submissions by both the counsel, the matter is remitted back to the Trial Magistrate to be disposed of in accordance with law.

¶14

6.The Trial Court shall issue notice to both the parties and dispose the matter after hearing their submissions. The Registry is directed to send all the Original records to the file of the Trial Court as expeditiously as possible.

¶15

With the observation these appeals are allowed.

¶16

Sd/Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

¶17

smn To The XIII Metropolitian Magistrate Court, Egmore

¶18

The Section Officer, Criminal Section,

¶19

High Court,Madras

¶20

CRL.A. NO. 1004&1005 OF 2002

¶21

A.SK(06/09/2019)

¶22

https://hcservices.ecourts.gov.in/hcservices/

M/S.Golecha Global v. ARUNSHAH,4/6,MAMTHA Complex

Case brief

What is this about?

What did the court decide?

M/S.Golecha Global v. ARUNSHAH,4/6,MAMTHA Complex

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajiv Gandhi Vs the Inspector of Police

Manimaran Murugan, Vs the Inspector of Police

Divya Vs the Inspector of Police

G.S.Rajasekaran Vs R.Ramakrishnan

1. Usman Ali @ Ibrahim Vs State, Inspector of Police

M/S.Golecha Global Vs 1.ARUN Udyog Polypack Pvt.Ltd.