← Library
Madras High CourtCRL A/1299/2025allowed

Ramchand Asrani v. S. Shravanth

2025-08-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Ramchand Asrani Rep.by its POA M.P.Dennis No.778, Poonamallee High Road, No.5D, Peninsula Apartment, Kilpauk, Chennai 600 010 by his power of attorney holder, Sri Mathew Paul, Christian, No.2, III Street, Ponvelpuram, Ayanavaram, Chennai 600 023 ... Appellant Vs.

S.Shravanth ... Respondent PRAYER: Criminal Appeal filed under Section 419 of BNSS, 2023, praying to set aside the judgment of dismissal dated 21.11.2024 made in STC.No.2513 of 2023 on the file of the learned XXVI Metropolitan Magistrate, Egmore, Chennai.

For Appellant : Mr.N.Gopikrishnan

JUDGMENT

This criminal appeal has been preferred against the judgment

of dismissal dated 21.11.2024 made in STC.No.2513 of 2023 on the file of the learned XXVI Metropolitan Magistrate, Egmore, Chennai. 2.

Heard, the learned counsel appearing for the appellant and perused, all the materials placed before this Court. 3.

On perusal of records, it is revealed that the appellant is the complainant and the respondent is the accused in the complaint lodged for the offence punishable under Section 138 of NI Act. The aforesaid case was taken cognizance by the trial court. However, the appellant remained absent before the trial court. As such, the case was posted under the caption 'for dismissal'. Even on that day, the appellant did not appear. As such, the complaint was dismissed. However, this Court is inclined to give one more opportunity to the appellant to put forth the case.

4.

In view of the above, the impugned judgment dated 21.11.2024 passed in STC.No.2513 of 2023 on the file of the learned XXVI Metropolitan Magistrate, Egmore, Chennai., is set aside and the

matter is remanded back to the trial court. The trial court is directed to issue fresh summon to the respondent and proceed with trial. It is made clear that the appellant shall cooperate for trial. 5.

With the above directions, this criminal appeal stands allowed.

25.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok To The learned XXVI Metropolitan Magistrate, Egmore, Chennai.

G.K.ILANTHIRAIYAN, J.

lok 25.08.2025