Sakthikumar v. Jaisankar
Case brief
What is this about?
Single Judge CriminalAppeal regarding dismissal of a cheque dispute complaint. The High Court held the lower court's dismissal was non-speaking and ignored a sufficient cause application. Appeal allowed, order set aside, matter remanded for fresh trial.
What did the court decide?
Impugned order dated 28.09.2021 set aside and reversed. Appeal allowed. Matter remanded to trial court to decide afresh within four months.
What the court decided
Cr.A.No.4/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2024
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Crl.A.No.4 of 2022
Thiru.Sakthikumar ... Appellant /vs/
Thiru Jaisankar ... Respondent
Prayer : Criminal Appeal filed under section 378 of Cr.P.C., praying to set aside the order dated 28.09.2021 made in STC No.20 of 2021 passed by the learned Judicial Magistrate, Fast Track, Attur.
For Appellant ... Ms.Sagunthala For Respondent ... Mr.S.Velmurugan
JUDGMENT
Heard Ms. Sakunthala, learned counsel for the appellant and
Issues for consideration
2 issues framed by the court
Whether the trial court erred in dismissing the complaint as non-speaking without considering the application for sufficient cause under Section 256 Cr.P.C.
Whether the insufficiency of the trial court's order warrants setting aside the dismissal and remanding the matter for a de novo trial.
Parties & counsel
- appellant
Sakthikumar
- respondent
Jaisankar
Coram
Shamim Ahmed
Case details
As recorded by the court registry
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