Petitioner's appeal against acquittal in a cheque dishonour complaint under Section 138 NI Act was dismissed for non-prosecution. The court set aside the dismissal for default and restored the appeal to be heard on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL MP No. 3410 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-02-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
CRL MP No. 3410 of 2023 in Crl.A.No.628 of 2022
Dhatchinamoorthy S/o. Mahalingam ..Petitioner(s)
Vs.
Duraimurugan S/o. Santhakumar ..Respondent(s)
Prayer: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C. seeking to restore the order of dismissal for default in Crl.A.No.628 of 2022 dated 07.09.2022 and restore the Crl.A.No.628 of 2022.
For Petitioner(s): Mr.R.Shivakumar for M/s.K.M.Vijayan Associates
For Respondent(s): Ms.T. Harshana Legal Aid Counsel
ORDER
The petitioner, as appellant filed an appeal before this Court in
Crl.A.No.628 of 2022. The petitioner filed a private complaint under Section 138 of Negotiable Instruments Act Act against the respondent in S.T.C.No. 1843 of 2017, against the judgment of acquittal. he preferred the above appeal.
When the appeal was listed on 07.09.2022, inadvertently the petitioner /
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CRL MP No. 3410 of 2023
M.NIRMAL KUMAR, J.
kas
appellant failed to notice the listing of the appeal, and this Court finding that the earlier order had not been complied with and no proof of affidavit of service filed, dismissed the same for non prosecution. Hence, this restoration petition.
4.This Petition stands ordered accordingly.
20-02-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
kas
CRL MP No. 3410 of 2023 in Crl.A.No.628 of 2022
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1 issue framed by the court
Should the criminal appeal dismissed for default on 07.09.2022 be restored to file?
2 provisions across 2 enactments
Dhatchinamoorthy S/o. Mahalingam
Duraimurugan S/o. Santhakumar
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
