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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.08.2025

CORAM

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

Appellant Vs 1.M/s.Forward Shoes (l) Pvt., Ltd., No.57, ADAM Nagar Main Road, Nagalkeni, Chromepet, Chennai - 600 044.

2. Mohammed Yavar Dhala .....

Respondents Prayer:

Criminal Appeal is filed under Section 419 of BNSS, 2023, to set aside the order in C.C.No.475/2014 on the file of the learned Judicial Magistrate Court I, Tambaram dated 03.06.2023. For Appellant : Ms.Revathi Manivannan

JUDGMENT

This appeal has been preferred as against the order dated 03.06.2023 made in C.C.No.475/2014 on the file of the learned Judicial Magistrate Court I, Tambaram, thereby dismissing the complaint.

2. The appellant lodged a complaint against the respondent for the offence punishable u/s 138 of the Negotiable Instruments Act. The complaint was taken cognizance by the Trial Court in C.C.No.475/2014. However, the appellant/complainant failed to appear before the trial court on 03.06.2023. Hence, the Trial Court dismissed the complaint.

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 is of the year 2014.

4. In view of the above, the order dated 03.06.2023 made in C.C.No.475/2014 on the file of the learned Judicial Magistrate Court I, Tambaram, is hereby set aside. The Trial Court is directed to issue fresh summons to the parties, 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. 18.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn To:

1. The Judicial Magistrate Court I, Tambaram

G.K.ILANTHIRAIYAN, J.

bkn 18.08.2025