S.Sakthivel v. P.Sundararajan
Case brief
What is this about?
Crl.RC.No.1018 of 2025 (+ connected Crl.M.P.No.13433 of 2025), High Court of Judicature at Madras, decided 08.07.2025, sole judge G.K.ILANTHIRAIYAN. Petitioner S.Sakthivel, accused in a Section 138 NI Act complaint by respondent P.Sundararajan; convicted and sentenced (six months simple imprisonment plus compensation, quantum unstated) by order dated 30.05.2024 in STC No.1 of 2023, District Munsif cum Judicial Magistrate Court, Sendurai. His appeal Crl.Appeal No.13 of 2024 (Sessions Judge, Fast Track Mahila Court, Ariyalur) was dismissed for default on 04.06.2025 for absence of appellant and counsel, following which he was arrested and remanded on 19.06.2025 and confined at Central Prison, Trichy. Revision under S.438 r/w S.442 BNSS 2023 ALLOWED: an appeal against conviction cannot be dismissed for default; default dismissal set aside; appeal and suspension order restored; disposal on merits directed; petitioner set at liberty. Keywords: dismissal for default; appeal against conviction; Section 138 NI Act; restoration of appeal; BNSS 2023; release from judicial custody; Ariyalur; Sendurai; Trichy Central Prison.