M/S. Sri Ganapathy Transports v. M/S. P.T.R.Lane Private Limited,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M/s. Sri Ganapathy Transports Represented by its Proprietor, Mr.T.L.Ram Rajan, No.25/11, Metha Nagar, Chennai - 600029.

Petitioner(s) Vs

1. M/s. P.T.R.Lane Private Limited, Rep by its Managing Director, Perumal, No.305, HIG, I Phase, New Housing Board, Krishnagiri - 635001.

2.Perumal Managing Director, M/s. P.T.R.Lane Private Limited, No.305, HIG, I Phase, New Housing Boad, Krishnagiri.

635001.

3.R.Sangeetha, W/o. Raja, Director, M/s. P.T.R.Lane Private Limited, No.305, HIG, I Phase, New Housing Boad, Krishnagiri.

635001.

Respondent(s) PRAYER To set aside the judgment in C.C.No. 2220/2012 on the file of the Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai -15 dt. 31.05.2024 by allowing this Criminal Revision Petiiton.

For Petitioner(s):

R.Marudhachalamurthy M.Thanu A.Yogaraj J.Manikandan S.Kumudha For Respondent:

ORDER

This petition has been filed to set aside the judgment in C.C.No. 2220/2012 on the file of the Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai -15 dated 31.05.2024 by allowing this Criminal Revision Petition.

2. The petitioner herein filed a complaint before the Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai -15, in C.C.No. 2220/2012 under Section 138 of Negotiable Instrument Act for dishonour of cheque dated 13.12.2011 and 21.12.2011 against the respondent herein and appeared before

the Trial Court on all hearings periodically prior to the pandemic. Thereafter, due to lack of communication between the petitioner and his counsel, the petitioner was not able to appear before Trial Court on 31.05.2025. His absence is neither wilful nor wanton. However, the Trial Court dismissed the complainant for non prosecution. The Trial Court ought to have given notice to the petitioner before dismissing the complaint but it failed to do so. Therefore, the learned counsel for the petitioner seeks one more opportunity to prove the petitioner's case.

3. Considering the facts and circumstances of the case, this Court is inclined to give one more opportunity to the petitioner to prove the case. Hence, the order passed by the Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai -15 dated 31.05.2024 in C.C.No. 2220/2012 is hereby set aside. Accordingly, this Criminal Revision Case is allowed. 16-10-2025 pbl To

1. The Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai -15.

2. The Section Officer, V. R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL RC No. 2037 of 16-10-2025