Madras High CourtCRL OP/2464/2023granted

Syed Mohammed Javeed v. K.Venkatesh

2023-02-03Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM:

THE HONOURABLE Ms. JUSTICE R.N.MANJULA in Crl.A.Sr. No.3492 of 2023 Syed Mohammed Javeed ... Petitioner Vs.

K.Venkatesh ... Respondent Criminal Original Petition is filed under Section 378(3) of Criminal Procedure Code to grant leave to the petitioner / appellant to file this appeal against the order of summary acquittal dated 22.12.2022 in C.C. No.7937 of 2018 on the file of Fast Track Magistrate - II (FTC-II) Allikulam Complex. For Petitioners : Mr.D.Abdullah

ORDER

This Criminal Original Petition has been filed to grant leave to the petitioner / appellant to file the above appeal against the order of summary acquittal dated 22.12.2022 in C.C. No.7937 of 2018 on the file of Fast Track Magistrate - II (FTC-II) Allikulam Complex.

2. The learned counsel for the petitioner submitted that the petitioner 1/4

is the complainant in C.C.No.7937/2018 on the file of the learned Fast Track Magistrate - II (FTC-II) Allikulam Complex and he has filed a complaint against the respondent for seeking action for the alleged offence committed by the respondent under Section 138 of Negotiable Instruments Act. The said petition was dismissed due to non-appearance of the petitioner. The learned counsel for the petitioner further submitted that since the petitioner is employed at United States of America, he was unable to make his personal appearance before the Court and he has filed a petition to permit him to depose evidence through Video Conference under Rules 4 and 7 of the Madras High Court Video Conferencing in Courts Rules, 2020. But the learned trial Judge without even receiving a petition had chosen to dismiss the same.

3. The learned trial Judge could have received the petition seeking permission to let in evidence through Video Conference and thereafter pass suitable orders. Since the order of dismissal was not on merit but due to default of the complainant, I feel in the interest of justice, leave should be granted to file an appeal.

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4. Accordingly,this Criminal Original Petition is allowed. 03.02.2023 Index : Yes/No bkn To:

1. Fast Track Magistrate - II (FTC-II) Allikulam Complex.

2. The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J., bkn in Crl.A.Sr. No.3492 of 2023 03.02.2023 4/4