K.Veeraraghavan v. K.S.Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN K.Veeraraghavan .....

Petitioner/Appellant Vs K.S.Ramesh .....

Respondent PRAYER: Criminal Appeal filed under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 02.05.2025 made in S.T.C.No.1973 of 2015 passed by the Judicial Magistrate No.I at Salem.

For Petitioner : Mr.V.Sithannan

ORDER

This Criminal Appeal has been filed challenging the order dated 02.05.2025 passed in in S.T.C.No.1973 of 2015 passed by the Judicial Magistrate No.I at Salem dismissing the complaint.

2. The petitioner/appellant filed complaint as against the Page No.1 of 4

respondent under Section 138 of Negotiable Instruments Act. After taking cognizance in S.T.C.No.1973 of 2015, the trial Court had issued summons to the respondent. Infact, on receipt of summons, the respondent failed to appear before the trial Court since, Bailable Warrant is pending against him. At this juncture, petitioner also failed to appear before the trial Court on three occasions vide 21.04.2025, 30.04.2025 and 02.05.2025. Therefore, the trial Court dismissed the complaint and acquitted the respondent.

3. Considering the above facts and in order to give one more opportunity to the petitioner, this Court set asides the order passed by the Judicial Magistrate No.I at Salem in S.T.C.No.1973 of 2015 dated 02.05.2025 and accordingly set aside. The Judicial Magistrate No.I, Salem is directed to issue fresh summons to the respondent and complete the trial within a period of three months from the date of appearance of the respondent and the petitioner shall co-operate with the trial.

4. Accordingly, this Criminal Appeal is allowed. Page No.2 of 4

23.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Sma To Judicial Magistrate No.I at Salem Page No.3 of 4

G.K.ILANTHIRAIYAN, J.

Sma 23.06.2025 Page No.4 of 4