Sweta Gupta v. M/S.Forward Shoes (I) Pvt.Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sweta Gupta ... Appellant Vs.

1.M/s.Forward Shoes (I) Pvt. Ltd., No.57, Adam Nagar Main Road, Nagalkeni, Chrompet, Chennai 600 044 2.Mohammed Yavar Dhala ... Respondents PRAYER: Criminal Appeal filed under Section 419 of BNSS, praying to set aside the order in CC.No.471 of 2014 on the file of the learned Judicial Magistrate Court-I, Tambaram dated 03.06.2023. For Appellant : M/s.Revathi Manivannan

JUDGMENT

This criminal appeal has been preferred against the order passed in CC.No.471 of 2014 on the file of the learned Judicial Magistrate Court-I, Tambaram dated 03.06.2023, thereby dismissing the complaint for non prosecution.

2.

Heard, the learned counsel appearing for the appellant and

perused, all the materials placed before this Court. 3.

On perusal of records, it is revealed that the appellant lodged private complaint against the respondents for the offence punishable under Sections 6A r/w 14(2) / 14A of Employees' Provident Funds & Miscellaneous Provisions Act, 1952 and Employees' Pension Scheme, 1995. While pending trial, the appellant was absent before the trial court on 03.06.2023. Therefore, the complaint was dismissed for default on the ground that the complainant was absent and also the complainant did not appear before the trial court form 19.10.2019. However, this Court is inclined to give one more opportunity to the appellant to put forth the case.

4.

In view of the above, the impugned order passed in CC.No.471 of 2014 on the file of the learned Judicial Magistrate Court-I, Tambaram dated 03.06.2023, is set aside and the complaint is remanded back to the trial court for fresh disposal on merits and in accordance with law. The appellant is directed to cooperate for trial. Further, the appellant shall appear before the trial court on all hearings. 5.

With the above directions, this criminal appeal stands

allowed.

13.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Judicial Magistrate Court-I, Tambaram 2.M/s.Forward Shoes (I) Pvt. Ltd., No.57, Adam Nagar Main Road, Nagalkeni, Chrompet, Chennai 600 044 13.08.2025