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M/S.Nirman Finance Investment Company v. M/S.Amron Associates

Madras HC6 Aug 2025CRL A/1167/2025

Case brief

AI extract

What is this about?

Restoration of cheque-bounce (Section 138 NI Act) complaint dismissed for non-prosecution; complainant's absence on hearing date; Madras High Court grants one last opportunity under Section 419 BNSS 2023 criminal appeal; dismissal for default set aside; fresh summons ordered; three-month disposal deadline from first appearance; complainant to co-operate; Metropolitan Magistrate FTC No.IV George Town Chennai; C.C.No.536 of 2021; Crl.A.No.1167 of 2025; decision 06.08.2025.

What did the court decide?

Criminal Appeal allowed; order dated 08.11.2024 in C.C.No.536/2021 set aside; fresh summons to be issued by the Trial Court, which is to dispose of the complaint within three months from the parties' first appearance. ¶29

M/S.Nirman Finance Investment Company Vs M/S.Amron Associates — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 08.11.2024 in C.C.No.536/2021 dismissing the Section 138 complaint for non-prosecution should be set aside and the appellant given one more opportunity to prosecute the complaint before the Trial Court.

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Court's answer

Since the C.C. is of the year 2021, the appellant is given one more opportunity to put forth the complaint before the Trial Court.

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Ratio / Principle

The order dated 08.11.2024 made in C.C.No.536/2021 is set aside and the Trial Court is directed to issue fresh summons to the parties and proceed with the trial.

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Key takeaways

The Trial Court must dispose of the case within three months from the date of appearance of the parties on first notice, and the appellant shall co-operate with the Trial Court for expeditious disposal.ratio¶28

Detailed headnote1 paragraphs

Madras High Court, Crl.A.No.1167 of 2025 (decided 06.08.2025, G.K.ILANTHIRAIYAN, J., single judge): Criminal appeal filed under Section 419 of the BNSS, 2023 by M/s. Nirman Finance Investment Company against the order dated 08.11.2024 of the Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai, which had dismissed the appellant's complaint in C.C.No.536/2021 (an offence punishable u/s 138 of the Negotiable Instruments Act) for non-prosecution after the appellant/complainant failed to appear on 08.11.2024. Holding that, as the C.C. pertains to the year 2021, the appellant deserved one more opportunity, the Court set aside the dismissal, directed issuance of fresh summons to the parties, and ordered disposal of the trial within three months from the date of the parties' appearance on first notice, with the appellant directed to co-operate for expeditious disposal. Appeal allowed. No precedents cited; no quantum involved.

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Crl.A.No.1167 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:06.08.2025

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CORAM:

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THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.A.No.1167 of 2025

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M/s.NIRMAN FINANCE INVESTMENT COMPANY, Rep. by Sri Vimal Kumar, 39, Thambu Samy Street, Kilpauk, Chennai – 600 010. ...Petitioner

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Vs.

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M/s.AMRON ASSOCIATES, Rep. by its Proprietor, Sri Amit Goyal, S/o. Sri Anand Kumar Goyal, OCC: Business 7-3-87 to 89, Shop No.1 & 2, Dharmashala Grain Bazar Sajjanlal Street, Near Monda Market, Secunderabad – 500 003.

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Sri Amit Goyal S/o. Sri Anand Kumar Goyal, OCC: Business 7-3-87 to 89, Shop No.1 & 2, Dharmashala Grain Bazar Sajjanlal Street, Near Monda Market, Secunderabad – 500 003. ... Respondents

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PRAYER : Criminal Appeal is filed under Section 419 of the BNSS, 2023, to call for the records and set aside the order passed in C.C.No.536 of 2021 on the file learned Metropolitan Magistrate Fast Track Court No.IV, George

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Page 1 of 4

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

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Crl.A.No.1167 of 2025

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Town, Chennai dated 08.11.2024.

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For Petitioner : Mr.B.Thirumalai

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ORDER

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This Criminal Appeal has been preferred as against the order passed in C.C.No.536/2021 on the file of the learned Metropolitan Magistrate Fast Track Court No.IV, George Town, Chennai dated 08.11.2024, thereby dismissing the complaint for non-prosecution.

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2. The appellant lodged a complaint against the respondent for the

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offence punishable u/s 138 of the Negotiable Instruments Act. The complaint was taken cognizance by the Trial Court in C.C.No.536/2021 on the file of the learned Metropolitan Magistrate Fast Track Court No.IV, George Town, Chennai. However, the appellant/complainant failed to appear before the trial court on 08.11.2024. Hence, the Trial Court dismissed the petition for non-prosecution.

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Considering the facts and circumstances of the case, this Court is of

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the view that the appellant may be given with one more opportunity to put forth the complaint before the Trial Court, since the CC is of the year 2021.

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Page 2 of 4

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

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Crl.A.No.1167 of 2025

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In view of the above, the order dated 08.11.2024 made in

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C.C.No.536/2021 on the file of the learned Metropolitan Magistrate Fast Track Court No.IV, George Town, Chennai is hereby set aside. The Trial Court is directed to issue fresh summons to the parties, proceed with the trial

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and dispose the same within a period of three months from the date of appearance of the parties on first notice. The appellant shall co-operate with the Trial Court for the expeditious disposal of the case.

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5. In the result, this Criminal Appeal stands allowed.

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06.08.2025

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Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order bkn

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