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Madras High CourtCRL A/1062/2025allowed

Sheenlac Paints Limited v. M/S.Mariya Agencies

2025-07-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.07.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sheenlac Paints Limited, Rep. by Mr.G.Sathish Assistant Manager (Accounts) 76-A/1, GKS Estates Block - B, 11th Cross Street, Ambattur Industrial Estate North Chennai - 600 098.

.....Appellant / Complainant Vs

1. M/s. Mariya Agencies, Vattathara Complex, Canal road, Parur north, Ernakulam - 683 520

2. Mr.K.Saijudduin .... Respondent/Accused Prayer: Criminal Appeal filed under Section 419 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the judgment passed against the appellant on 25.09.2024 in C.C.No.8047 of 2019 on the file of Metropolitan Magistrate 1/4

Fast Track Court - I Egmore, Allikulam Chennai and restore the complaint and allow the above Criminal Appeal.

For Appellant : Ms.C.Sriranjani

JUDGMENT

This Criminal Appeal has been preferred as against the judgment passed on 25.09.2024 in C.C.No.8047 of 2019 on the file of Metropolitan Magistrate Fast Track Court - I Egmore, Allikulam Chennai, thereby dismissing the complaint filed by the appellant.

2. The appellant is the complainant and the respondent is the accused in the complaint lodged by the appellant for the offence punishable under Section 138 of Negotiable Instruments Act. Pending trial, the appellant was absent before the trial Court on 25.09.2024 and therefore, the trial Court has dismissed the complaint.

3. The learned counsel for the appellant would submit that the trial is pending from the year 2019. On the date of hearing, the appellant could not be able to appear before the trial Court and if one opportunity is granted the appellant would contest his case.

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4. Considering the facts and circumstances of the case, this Court is inclined to give one more opportunity to the appellant to put forth his complaint before the trial Court.

5. Accordingly, this Criminal Appeal is allowed and judgment dated 25.09.2024 in C.C.No.8047 of 2019 on the file of Metropolitan Magistrate Fast Track Court - I Egmore, Allikulam, Chennai is hereby set aside. The learned trial Judge shall proceed with the trial and the appellant shall co-operate for the trial.

25.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Interned : Yes bkn To The Metropolitan Magistrate Fast Track Court - I Egmore, Allikulam, Chennai 3/4

G.K.ILANTHIRAIYAN, J.

bkn 25.07.2025 4/4