Sri Santhosh Mahaveer Chit Funds (P) Ltd., Vs R. Shanker — Cheque Dishonour | Madras HC (2025)

Sri Santhosh Mahaveer Chit Funds (P) Ltd., Vs R. Shanker — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; judgment of acquittal in S.T.C.No.1985 of 2015 dated 12.03.2024 (Judicial Magistrate Court, Udhagamandalam) set aside; Trial Court directed to issue summons to the respondent, proceed with the trial and complete it within three months from receipt of a copy of the order; appellant to co-operate for expeditious disposal.

Issue for consideration

Whether the acquittal of the respondent, entered upon dismissal of the Section 138 complaint for the complainant's non-appearance/default, should be set aside by granting the appellant one more opportunity to prosecute the matter.

Court's answer

Considering the facts and circumstances, this Court held that one more opportunity may be given to the appellant/complainant (referred to as 'petitioner' in the judgment) to prosecute the matter.

Ratio / Principle

This Criminal Appeal is allowed and the judgment in S.T.C.No.1985 of 2015 dated 12.03.2024 on the file of the Judicial Magistrate Court, Udhagamandalam is set aside; the Trial Court is directed to issue summons to the respondent, proceed with the trial and complete it within three months from receipt of a copy of the order, with the appellant to co-operate.

Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J., single member), Crl.A.No.646 of 2025, decided 19.06.2025: The respondent's acquittal under Section 138 of Negotiable Instruments Act flowed solely from the Trial Court dismissing the complaint for the complainant's default (non-appearance without any condonation application) in S.T.C.No.1985, Judicial Magistrate Court, Udhagamandalam, judgment dated 12.03.2024. On counsel's request, the appellate court allowed the criminal appeal filed under Section 378 of Criminal Procedure Code, 1973, set aside the acquittal judgment, and directed the Trial Court to issue summons to the respondent, proceed with the trial and complete it within three months, the appellant to co-operate for expeditious disposal.

Crl.A.No.646 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.06.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.A.No.646 of 2025

Sri Santhosh Mahaveer Chit Funds (P), Ltd. Ooty, Rep. by its Asst. Manager (Recovery) Mr.Naveen, S/o. Mr.K.Manigandan, 151 A, Main Bazaar,Ootacamund, The Nilgiris. Residing at 8/57, Bembatty Village, Ithalar Post, The Nilgiris. ..... Appellant / Complainant

Vs

R.Shanker, S/o. Raman (Late) No.200 E, Ranga Vilas, Kil Kodappamund, Ootacamund, The Nilgiri. .... Respondent/Accused

Prayer: Criminal Appeal filed under Section 378 of Criminal Procedure Code, 1973, to allow the appeal and set aside the judgment of acquittal passed in S.T.C.No.1985 of 2024 dated 12.03.2024 by the learned Judicial Magistrate Court, Udhagamandalam.

For Appellant : Mr.V.Sivakumar

1/4

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

2

JUDGMENT

This Criminal Appeal has been preferred as against the judgment of acquittal passed in S.T.C.No.1985 of 2015 dated 12.03.2024 by the learned Judicial Magistrate Court, Udhagamandalam.

The appellant is the complainant and the respondent is the accused in the complaint lodged by the appellant for the offence punishable under Section 138 of Negotiable Instruments Act. However, the complainant failed to appear thereafter and did not file any application to condone his absence. Therefore, the Trial Court dismissed the complaint for default and acquitted the respondent of the offence under Section 138 of the Negotiable Instruments Act.

The learned counsel for the appellant submitted that the appellant may be granted with one final opportunity to put forth his case.

Considering the facts and circumstances of the case, this Court is of the opinion that one more opportunity may be given to the petitioner to prosecute the matter.

Accordingly, this Criminal Appeal is allowed and the judgment passed

2/4

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

Crl.A.No.646 of 2025

in S.T.C.No.1985 of 2015 dated 12.03.2024 on the file of the learned Judicial

Magistrate Court, Udhagamandalam is hereby set aside. The Trial Court is directed to issue summons to the respondent, proceed with the trial and complete the same within a period of three months from the date of receipt of a copy of this order. The appellant shall co-operate with the Trial for the expeditious disposal of the case.

19.06.2025

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

3/4

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

4

G.K.ILANTHIRAIYAN, J.

bkn

To

1.The Judicial Magistrate Court, Udhagamandalam.

Crl.A.No.646 of 2025

19.06.2025

4/4

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