Allowed

Imam Jaffer v. S.Sathyanarayanan

Madras HC19 Mar 2024CRL OP/6395/2024

Case brief

AI extract

What is this about?

The trial court dismissed a private complaint under Section 138 of the Negotiable Instruments Act for non-prosecution. The High Court, finding force in the complainant's submissions regarding genuine interest in prosecution, granted leave to file the appeal against the dismissal order.

What did the court decide?

Leave granted to file appeal against dismissal of the complaint for non-prosecution.

Imam Jaffer Vs S.Sathyanarayanan — Cheque Dishonour | Madras HC (2024)

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Crl.O.P.No.6395 of 2024

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Crl.O.P.No.6395 of 2024 in Crl.A.SR.No.11862 of 2024

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Crl.A.SR.No.11862 of 2024

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M.NIRMAL KUMAR, J.

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The petitioner as complainant had filed a private complaint against

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the respondent for offence under Section 138 of the Negotiable Instruments

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Act in C.C.No.37 of 2018. The trial Court, by judgment dated 27.10.2023,

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dismissed the complaint for non prosecution, against which, the present leave petition and appeal.

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2.The contention of the learned counsel for petitioner is that the

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trial Court referring to a notice in D.No.1905 of 2022 dated 12.10.2022 finding that neither the petitioner nor his counsel appeared before the trial

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Court, which shows that the petitioner is not interested in prosecuting the

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complaint, dismissed the complaint.

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https://www.mhc.tn.gov.in/judis 1/3

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Crl.O.P.No.6395 of 2024 in Crl.A.SR.No.11862 of 2024

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3.The learned counsel for petitioner submits that the petitioner is a

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small time Potato Merchant. He supplied potatoes to the respondent, who is at Kollam, Kerala on various dates for the total value of Rs.2,22,780/-. The respondent assured that he will repay the amount within a short period. In discharge of his liability, he issued the cheque, which was presented and got dishonoured. The dismissal of the complaint for non prosecution would amount to short circuiting of complaint and real justice would be rendered after full fledged trial.

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4.Finding reason and force in the submission of the learned counsel for petitioner, this Court is inclined to grant leave. Accordingly, leave is

granted.

19.03.2024

rsi

Note: Registry is directed to number the appeal, if it is otherwise in order.

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https://www.mhc.tn.gov.in/judis 2/3

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Crl.O.P.No.6395 of 2024 in Crl.A.SR.No.11862 of 2024

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M.NIRMAL KUMAR, J.

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rsi

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Crl.O.P.No.6395 of 2024 in Crl.A.SR.No.11862 of 2024

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19.03.2024

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https://www.mhc.tn.gov.in/judis 3/3

Imam Jaffer v. S.Sathyanarayanan

Case brief

What is this about?

What did the court decide?

Imam Jaffer v. S.Sathyanarayanan

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

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Case details

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