M/S. Zylog Systems Limited v. Sudharshan Venkatraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.ZYLOG SYSTEMS LIMITED, Represented by its Director, Mr.Ashok Kumar Kohli, No.155, Thiruvalluvar Salai, Kumaran Nagar, Sholinganallur, Chennai - 600 119.

.....Appellant/Complainant Vs 1.Mr.Sudharshan Venkatraman USA Address: 15, Arbor Circle, Edison, N.J 08837, USA INDIA Address : Flat No.60/80, New Tech BilwaTulasi Apartments, E & F, 3rd Floor, 53rd Street, 9th Avenue, Ashok Nagar, Chennai - 600 083.

2. Mr.Ramanujam Sesharathnam USA Address 85, Calvert Avenue, West Edison, NJ 08820, USA INDIA Address: Flat No.60/80, New 24/16, Brindavan 1st Cross Street, West Mambalam, Chennai - 600 033.

3.Mr.Shivkumar Kandasamy USA Address: 80, Sharon Court, Metuchen, NJ 08840, USA

INDIA Address: Door No.7, 19th Floor, DLF Apartments, Semmancherry, Chennai - 600 119.

4. Mr.Sirish Kumar Rastogi USA Address: #22, Parkside Drive, North Brunswick, NJ 08902, USA ....Respondent PRAYER : Criminal Appeal has been filed under Section 419 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the dismissal order dated 17.11.2022 passed in Crl.M.P.No.6942 of 2018 and order restoration of Crl.M.P.No.6942 of 2018 before the learned Judicial Magistrate -I, Alandur. For Appellant : Mr.M.Govindaraju

JUDGMENT

This Criminal Appeal has been preferred as against the order passed in Crl.M.P.No.6942 of 2018 on 17.11.2022 on the file of the learned Judicial Magistrate No.1, Alandur, thereby dismissed the protest petition for default.

2. On perusal of the records, it revealed that the petitioner lodged a complaint as against the accused persons making several allegations, however, after enquiring the complaint, a report was filed before the learned Judicial Magistrate No.1, Alandur. Aggrieved by the said report, petitioner/appellant filed a protest petition in Crl.M.P.No.6942 of 2018 and the same was dismissed for default, against which, the present appeal is filed.

3. On perusal of the records it revealed that, the petitioner was absent before the trial Court on several hearings, however in order to give one more opportunity to the petitioner/appellant to put forth his case before the trial Court, this Court is inclined to set aside the order passed in Crl.M.P.No.6942 of 2018 on 17.11.2022 on the file of the learned Judicial Magistrate No.1, Alandur.

4. In the result, this Criminal Appeal Stands allowed and accordingly the order passed in Crl.M.P.No.6942 of 2018 on 17.11.2022 on the file of the learned Judicial Magistrate No.1, Alandur is hereby set aside. The matter is remanded back to the trial Court for fresh disposal after giving fresh summons to the parties in accordance with law.

21.08.2025 Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No Sma To Judicial Magistrate No.1, Alandur.

G.K.ILANTHIRAIYAN, J.

Sma 21.08.2025