M/S.Kotak Mahindra Bank Ltd., v. M/S.V Go Motors Pvt. Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M/s.Kotak Mahindra Bank Ltd., Registered Office at 27BKC, C27, G Block, Bandra Kurla Complex, Bandra (E), Mumbai-400 051. Branch Office at No.185, 2nd Floor, Anna Salai, Mount Road, Chennai-600 0056. (LandmarkNext to India Garage Mahindra Car Show Room) Rep by its Authorized Officer, Mr.K.Velmurugan ( Age-42 Yrs).

Appellant(s) Vs

1. M/s.V Go Motors Pvt. Ltd., Rep.by its Director , Having its Registered Office at E-1/4, Pandav Nagar, Patpar Ganji, Above Hero Motocrop Showroom, Delhi (East)- 110092. Also at Showroom, Sewa Grand Mall, Mathura Road, Faridabad, Haryana. Also at Workshop, Shed No.10-11, Gate No.3, Bhaskar Estate, Mathura Road, Faridabad, Haryana.

2.Vivek Goel Director, House No.76, Sector-15, Part-

I, Gurgaon-122 001, Haryana.

3.Anju Goel Director, House No.76, Sector-15, Part1, Gurgaon-122 001, Haryana. Respondent(s) PRAYER:

To call for the records of the order passe din C.C.No.5449 of 2020 dated 23.01.2025 on the file of the MM, FTC-I, Egmore at Allikulam, Chennai and set aside the same by allowing the Criminal Appeal and consequently restore the complaint on file of the Learned MM, FTC-I, Egmore. For Appellant(s):

Mr.V.Balasubramani V.Vadivelan G.Kavitha L.Udayarajkumar D.Baskar R.Kalaivani K.Indhumathi R.Marsilin Soosai K.Dowlath S.Nandhini B.Stalin Kanthimathi M.Rajavel Praveen For Respondent(s):

No appearance

ORDER

This Criminal Appeal has been filed to call for the records of the order passed in C.C.No.5449 of 2020 dated 23.01.2025 on the file of the learned

Metropolitan Magistrate, Fast Track Court-I, Egmore, at Allikulam, Chennai and to set aside the same by allowing the Criminal Appeal and consequently restore the complaint on file of the learned Metropolitan Magistrate, Fast Track Court-I, Egmore at Allikulam, Chennai.

2.The appellant is the banking authorities. They lodged a complaint against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The complaint was taken cognizance by the Trial Court in C.C.No.5449 of 2020. However, the appellant/complainant failed to appear before the Trial Court on 23.01.2025. Hence, the Trial Court dismissed the complaint. Now, the appellant traced out some of original documents, and they are ready to proceed with the case.

3.Considering the facts and circumstances of the case, this Court is of the view that the appellant may be given with one more opportunity to put forth the complaint before the Trial Court, since the CC case is of the year 2020. 4.In view of the above, the Order dated 23.01.2025 made in C.C.No.5449 of 2020 on the file of the learned Metropolitan Magistrate, Fast Track Court-I, Egmore, at Allikulam, Chennai, is hereby set aside. The Trial Court is directed

to issue fresh summons to the parties and proceed with the trial. The appellant shall co-operate with the Trial Court for the expeditious disposal of the case. 5.In the result, this Criminal Appeal stands allowed. 11-09-2025 mps Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Metropolitan Magistrate, Fast Track Court-I, Egmore, Allikulam, Chennai.

T.V.THAMILSELVI J.

mps 11-09-2025