Madras High CourtCRL A/519/2013dismissed with liberty

Cma Cgm Agencies(India) Pvt Ltd v. M/S.Univesal Cargo

2026-06-04Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2026

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN CMA CGM Agencies (India) Private Limited, Represented through its Power Agent N. Shyam Sundar, Having its registered office at 8th Floor, Tower-3, One International Centre, Senapati Bapat Marg.

Elphinstone Road (West), Mumbai, Mumbai City, Maharashtra, India - 400 013. ... Appellant / Complainant Vs.

1. M/s.Universal Cargo

2. Mr.S.Balaji Rao Partner M/s.Universal Cargo

3. Mr.R.V.Mohan Rangan Partner M/s.Universal Cargo All having office at No.20/1, Balakrishna Road, "Narveed Castle", Basement, Mylapore, Chennai - 600 004.

... Respondents / Accused [Appellant is amended as per the Order dated 15.11.2024 in CRL.M.P.No.15953 of 2024 in CRL.A.No.519 of 2013] 1/4

Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, to set aside the order of acquittal dated 03.02.2012 in S.T.C.No.1446 of 2007 on the file of the X Judge and Special Metropolitan Judicial Magistrate, Small Causes Court, Chennai and imposed the maximum punishment provided under the Negotiable Instruments Act, 1881 by allowing the Criminal Appeal.

For Appellant : Mr.M.Vijayan For M/s.King and Partridge For Respondents : Mr.C.Sivakumar

ORDER

This Criminal Appeal has been filed against the order dated 03.02.2012 passed by the Learned X Judge and Special Metropolitan Judicial Magistrate, Small Causes Court, Chennai, in S.T.C.No.1446 of 2007.

2. The learned counsel for the respondents would submit that they have no instructions from their clients.

3. This appeal has to be dismissed with liberty to the petitioner to pursue an appeal before the District Court, in terms of the proviso to Section 2/4

372 of the Criminal Procedure Code, (413 of Bharatiya Nagarik Suraksha Sanhita, 2023), as ordered by the Hon'ble Supreme Court in M/s.Celestium Financial vs. A.Gnanasekaran ETC., dated 08.04.2025, [2025 INSC 804].

4. Accordingly, this Criminal Appeal is dismissed, with liberty to the petitioner to pursue an appeal before the District Court, within a period of 30 days from the date of receipt of a copy of this order.

5. If such an appeal is filed within the specified time, the District Court shall number the appeal and dispose the same in accordance with law, without reference to limitation. No costs.

04.06.2026 raja To X Judge and Special Metropolitan Judicial Magistrate, Small Causes Court, Chennai.

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C.SARAVANAN, J.

raja 04.06.2026 4/4