Dismissed

Nagapandian v. Pranmalai

Madras HC30 Aug 2024CRL OP(MD)/21664/2023

Case brief

AI extract

What is this about?

Crl.OP Nos.21664 of 2023 (and A(MD) No.44984 of 2023) before the Madurai Bench of Madras High Court seeking leave to appeal against an acquittal under Section 138 NI Act. The court dismissed the petition, noting the acquittal was based on defective service of statutory notice.

What did the court decide?

Leave to file Special Leave to Appeal against the judgment of acquittal refused and petition dismissed.

Nagapandian Vs Pranmalai — Cheque Dishonour | Madras HC (2024)

¶1

CRL OP(MD). No.21664 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction

¶3

Friday, the Thirtieth day of August Two Thousand and Twenty Four

¶4

PRESENT

¶5

The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.21664 of 2023

¶6

¶7

Crl.A(MD)No.Sr.44984 of 2023

¶8

Nagapandian S/o.Marimuthu, No.194, Srinangupatti Attankudi Post, Kavinadu East, Pudukkottai Taluk and District. ... Petitioner

¶9

¶10

Pranmalai W/o.Syed Mohammed, No.95/3, East 4th Street, Pudukkottai Taluk and District. ... Respondent

¶11

Prayer :-

¶12

Criminal Original Petition filed under Section 378(3) of Cr.P.C. to grant Special Leave to file a appeal against the Judgement of Acquittal in S.T.C.No.138 of 2022 on the file of Learned Judicial Magistrate No.1, Pudukkottai dt.06.10.2023.

¶13

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

¶14

1/4

¶15

CRL OP(MD). No.21664 of 2023

¶16

Prayer in Crl.A(MD)S.R.No.44984 of 2023:-

¶17

Criminal Appeal Petition filed under Section 378(4) of Cr.P.C., to call for the records and set aside the Judgment and Acquittal Order passed in S.T.C.No.138 of 2022 on the file of learned Judicial Magistrate No.1, Pudukottai, dated 06.10.2023, and convict the accused for the offense under section 138 of Negotiable Instruments Act.

¶18

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. D. Rameshkumar, Advocate for the Petitioner and of Mr. A. Syed Abdul Kather, Advocate for the Respondent, this Court made the following order:

¶19

"This petition has been filed seeking leave of this Court to file an appeal as against the judgement of acquittal passed in S.T.C.No.138 of 2022 on the file of the learned Judicial Magistrate No.I, Pudukkottai dated 06.10.2023.

¶20

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

¶21

The case of the petitioner is that a private complaint has been filed under Section 200 of Cr.P.C., before the trial Court for the offence under Section 138 of Negotiable Instruments Act, 1881.

¶22

Before the trial Court, the complainant was examined himself as P.W.1 and 4 documents were marked as Ex.Ps.1 to 4. On the side of the respondent three witnesses were examined as D.W.1 to D.W.3 and one documents was marked as

¶23

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

¶24

2/4

¶25

CRL OP(MD). No.21664 of 2023

¶26

Ex.D.1.

¶27

The trial Court, after analysing the evidence on records, found that the complainant failed to prove his case by producing documents Apart from that, it also pointed out that some discrepancies in the case of the petitioner herein. Therefore, challenging the order of acquittal, this petition is filed.

¶28

It is admitted by the petitioner himself that there was a finding recorded by the trial Judge that the statutory notice was not properly served upon the respondent herein. Only on that ground, judgment was rendered. When statutory notice is found to be not legal one, then automatically Section 138 of Negotiable Instrument Act may notbe attracted.

¶29

This Court does not find any reason to grant leave to the petitioner. Accordingly, this Criminal Original Petition is dismissed."

¶30

Sd/-

¶31

Assistant Registrar (C.S.I)

¶32

// True Copy //

¶33

/09/2024

¶34

Sub Assistant Registrar (CS - I, II, III, IV)

¶35

tta TO

¶36

The Judicial Magistrate No.1, Pudukottai https://www.mhc.tn.gov.in/judis

¶37

3/4

¶38

CRL OP(MD). No.21664 of 2023

¶39

Copy To:

¶40

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai

¶41

ORDER DATED : 30/08/2024

¶42

==========================

¶43

ORDER

¶44

==========================

¶45

CRL OP(MD). No.21664 of 2023 in Crl.A(MD)No.Sr.44984 of 2023

¶46

Giving direction and etc. as stated within.

¶47

SL(25.09.2024)/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

¶48

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

¶49

4/4

Nagapandian v. Pranmalai

Case brief

What is this about?

What did the court decide?

Nagapandian v. Pranmalai

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

Priyatharshini, Vs Tamilarasi

Raja Vs The Inspector of Police

Abu Bakkar Vs Yaseen Mohammed

N.Duraipandian Vs L.Jeyalakshmi

Murugan Vs The Inspector of Police

Periyasamy Vs The Inspector of Police