A cheque dishonour complaint was dismissed for non-prosecution when the complainant failed to appear. The High Court set aside the acquittal, restored the complaint to file and remanded it for fresh consideration with a two-month deadline.
Impugned acquittal order set aside; complaint restored and remanded to trial court for disposal on merits within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.A.No.769 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.A.No.769 of 2024
Fazil Javith
... Appellant
Vs.
Saravanan ... Respondent
PRAYER : Criminal Appeal filed under Section 378 of the code of Criminal Procedure, 1973 to call for the entire records of the order dated 29.11.2023 in connection with S.T.C.No.504 of 2020 on the file of the learned Judicial Magistrate No.II, Krishnagiri District and set aside the same.
For Appellant : Mr.R.Kannadasan For Respondent : Mr.G.Saravanabhavan Legal Aid Counsel
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J U D G M E N T
Crl.A.No.769 of 2024
This criminal appeal has been filed against the acquittal order
dated 29.11.2023 passed in S.T.C.No.504 of 2020 by the learned Judicial Magistrate No.II, Krishnagiri.
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Crl.A.No.769 of 2024
by this Court.
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Crl.A.No.769 of 2024
4. Heard the learned counsel appearing for the appellant and the learned Legal Aid counsel appearing for the respondent.
that the complaint preferred by the appellant was dismissed for nonprosecution on 29.11.2023 due to non-appearance of the appellant, in order to give one opportunity to the appellant, this Court is inclined to set aside the impugned order dated 29.11.2023 passed in S.T.C.No.504 of 2020 by the learned Judicial Magistrate No.II, Krishnagiri, and accordingly, it is set aside. The matter is remanded back to the trial Court for fresh consideration. The learned Judicial Magistrate No.II, Krishnagiri, is directed to restore S.T.C.No.504 2020 on file and decide the matter on merits and in accordance with law, after providing sufficient opportunity to the appellant and the respondent and dispose of the case within a period of two months from the date of receipt of a copy of this judgment. If the appellant fails to appear before the trial Court, the trial Court may pass appropriate orders by invoking the power available under Section 256 Cr.P.C.
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Crl.A.No.769 of 2024
6. Accordingly, this Criminal Appeal is allowed. The State Legal Services Authority is directed to pay admissible fees to Mr.G.Saravanabhavan, learned Legal Aid Counsel.
20.06.2024
NCC : Yes / No Index : Yes / No Speaking Order : Yes / No
vji To
The learned Judicial Magistrate No.II, Krishnagiri District.
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Crl.A.No.769 of 2024
M.DHANDAPANI, J.
vji
Crl.A.No.769 of 2024
20.06.2024
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1 issue framed by the court
Whether an acquittal for non-prosecution due to complainant's non-appearance should be set aside and the case restored.
2 provisions across 2 enactments
Fazil Javith
Saravanan
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
