M/S.Hinduja Leyland Finance Limited, v. Abhimanyyu Kejriwal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR C rl . A .No s . 1023 to 1026 of 2024 Crl.A.No.1023 of 2024 M/s.Hinduja Leyland Finance Limited, Having their Corporate Office at No.27A, Developed Industrial Estate, Guindy, Chennai - 600 032 and Regional Office at No.166 and 169, Anna Salai, Little Mount, Saidapet, Chennai-600 015.

Represented by its Authorised representative Mr.Sabapathy.N ... Appellant Vs.

1.Abhimanyyukejriwal 2.M/s.Parijat Vyapaar Private Limted, Rep by its Director Mahesh Kumar Kejriwal 12A, Netaji Subhash Road, 5 th Floor, Suit No.12, Kolkata - 700001.

3.Mahesh Kumar Kejriwal ... Respondents 1/10

Crl.A.No.1024 of 2024 M/s.Hinduja Leyland Finance Limited, Having their Corporate Office at No.27A, Developed Industrial Estate, Guindy, Chennai - 600 032 and Regional Office at No.166 and 169, Anna Salai, Little Mount, Saidapet, Chennai-600 015.

Represented by its Authorised representative Mr.Sabapathy.N ... Appellant Vs.

1.SiddharthaKejriwal 2.M/s.Pioneer Barter Private Limited, Rep. by its Managing Director, Mahesh Kumar Kejriwal, No.12A, Netaji Subhash Road, 5 th Floor, Room No.12, Kolkata, West Bengal - 700001.

... Respondents Crl.A.No.1025 of 2024 M/s.Hinduja Leyland Finance Limited, Having their Corporate Office at No.27A, Developed Industrial Estate, Guindy, Chennai - 600 032 and Regional Office at No.166 and 169, Anna Salai, Little Mount, Saidapet, 2/10

Chennai-600 015.

Represented by its Authorised representative Mr.Sabapathy.N ... Appellant Vs.

1.M/s.Vedicaa Suppliers Private Limited, Rep by its Authorised person Mr.Mahesh Kumar Kejriwal, No.12A, Netaji Subhash Road, 5 th Floor, Suit No.12, Kolkata - 700001.

2.Mahesh Kumar Kejriwal, Authorised person of M/s.Vedicaa Suppliers Private Limited, No.12A, Netaji Subhash Road, 5 th Floor, Suit No.12, Kolkata - 700001.

3.Mahesh Kumar Kejriwal ... Respondents Crl.A.No.1026 of 2024 M/s.Hinduja Leyland Finance Limited, Having their Corporate Office at No.27A, Developed Industrial Estate, Guindy, Chennai - 600 032 and Regional Office at No.166 and 169, Anna Salai, Little Mount, Saidapet, Chennai-600 015.

Represented by its Authorised representative Mr.Sabapathy.N ... Appellant 3/10

Vs.

1.M/s.Abhhijit Infraa Projects Private Limited, Rep by its Director Mr.Abhimanyyu Kejriwal, Having its registered office at 777/1, SaratChaterjee Road, Shibpur, 2 nd Floor, Flat 2C, Howrah - 711 101.

2.Abhimanyyu Kejriwal, Director of M/s.Abhhijit Infraa Projects Private Limited, 777/1, SaratChaterjee Road, Shibpur, 2 nd Floor, Flat 2C, Howrah - 711 101.

3.Rakesh Sharda Director of M/s.Abhhijit Infraa Projects Private Limited, 777/1, SaratChaterjee Road, Shibpur, 2 nd Floor, Flat 2C, Howrah - 711 101.

4.Abhimanyyu Kejriwal ... Respondents Common Prayer: Criminal Appeals filed under Section 378 of Cr.P.C. praying to call for the records of the order passed in S.T.C.Nos.1957, 1955, 1956 & 1958 of 2021 dated 05.08.2023, respectively, on the file of Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai and set aside the same by allowing the criminal appeals and consequently restore the complaints on the file of the learned Metropolitan Magistrate, FTC-II, Egmore, Chennai.

4/10

For Appellant : Mr.V.Balasubramani in all Crl.As.

For Respondents : Mr.Mohammed Mudassir Ali in all Crl.As.

COMMON JUDGMENT These appeals have been filed challenging the order passed in S.T.C.Nos.1957, 1955, 1956 & 1958 of 2021 dated 05.08.2023, respectively, on the file of Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai and consequently to restore the complaints on the file of the learned Metropolitan Magistrate, FTC-II, Egmore, Chennai. 2.The learned counsel for appellant/complainant submitted that the appellant-company filed a private complaint for offence under Section 138 of the Negotiable Instruments Act against the respondents in S.T.C.Nos.1957, 1955, 1956 & 1958 of 2021, respectively. The complaints were dismissed for non payment of process batta under Section 204(4) r/w 256 of Cr.P.C. 5/10

3.The contention of the learned counsel for appellant is that the appellant had been taking diligent steps to prosecute the case. The summons unable to be served, since the respondents are residing in Kolkata. The appellant unable to get the status of the summons within the next hearing date and each time the appellant is taking summons and the same is unable to be served. The respondents/accused have been successfully evading the summons. Though the appellant represented these facts, the trial Court failed to consider the same on the other hand dismissed the complaints. 4.It is seen that the complaints were dismissed on technical grounds for non payment of process batta. Hence, no prejudice would be caused to the respondents in the event of restoring the complaints. Hence, notice to the respondents dispensed with.

5.On the submission made by the learned counsel for appellant and on perusal of the material, it is seen that the complaints were dismissed for 6/10

non payment of process batta and not on merits. Further, it is seen that the accused are residing in Kolkata. Naturally there will be some difficulty in serving summons outside the State. In view of the same, this Court accepts the reason given by the appellant.

6.Accordingly, the impugned orders dated 05.08.2023 passed by the learned Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai are set aside and the petitions/complaints in S.T.C.Nos.1957, 1955, 1956 & 1958 of 2021 are restored on the file of Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai. 7.The trial Court is directed to list the cases within a period of two weeks from the date of receipt of a copy of this order. The appellant to take process and the summons to be served through the Commissioner of Police, Kolkata, within a period of one week thereafter and sufficient time to be given for the summons to be delivered to the respondents. In the event of 7/10

respondents evading service of summons, the trial Court is directed to issue Non Bailable Warrant against the respondents and the Non Bailable Warrant can be executed through the Commissioner of Police, Kolkata/jurisdictional police and ensure the presence of the accused. 8.With the above directions, these Criminal Appeals are allowed. 09.08.2024 Index: Yes/No Internet: Yes/No Speaking order/Non-speaking order rsi 8/10

To 1.The Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai.

2.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

rsi C rl . A .No s . 1023 to 1026 of 2024 09.08.2024 10/10