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Madras High CourtCRL A/790/2025allowed

Northern Arc Capital Limited v. Amin Mayankumar Kiritbhai Rep By Mr. Aminmayankkumar Kiritbhai

2025-07-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.07.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/S.Northern ARC Capital Limited, Having Office at 10th Floor, Phase-I, IIT-Madras Research Park, Kanagam Village, Taramani, Chennai-600 113, Represented by its Authorised Signatory, Mr.N.K.Rinesh.

...Appellant Amin Mayankumar Kiritbhai, Rep. by Mr.Aminmayankkumar Kiritbhai, GF7 Tithi Heighths Opp Rutva Heights Gotri Village, Vadodara M Corp OG Taluka, Vadodara 390 021 Also at:

Amin Mayankumar Kiritbhai, Amin Khadki At Darapura Ta Padra Village, Darapura Taluka Padra District, Vadodara 391 440 ... Respondent Prayer:

Criminal Appeal filed under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to allow this Criminal Appeal and set aside the order passed in S.T.C.No.3217 of 2024 on the file of the Learned XIII Metropolitan Magistrate, Egmore dated 04.06.2024. 1/4

For Appellant : Ms.D.Denipa for Mr.M.Ajmal Azzath

JUDGMENT

This Criminal Appeal has been preferred against the order passed in S.T.C.No.3217 of 2024 on the file of the Learned XIII Metropolitan Magistrate, Egmore dated 04.06.2024, thereby dismissing the complaint filed by the appellant for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The appellant is the complainant and the respondent is the accused in the complaint filed by the appellant for the offence punishable under Section 138 of the Negotiable Instruments Act. The complaint was dismissed for non appearance of the complainant, against which this criminal appeal has been filed. It is seen that this Court already allowed a similar criminal appeal in Crl.A.No.754 of 2025 on 02.07.2025 filed by the same appellant herein in similar circumstances. Hence, this Court is inclined to pass the same judgment in this criminal appeal. 3.

Accordingly, the order passed in S.T.C.No.3217 of 2024 on the file of the Learned XIII Metropolitan Magistrate, Egmore dated 2/4

04.06.2024 is hereby set aside. The Trial Court is directed to issue fresh summons to the accused and proceed with the case in accordance with law.

4. In the result, this Criminal Appeal stands allowed. 04.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Learned XIII Metropolitan Magistrate, Egmore 2.Mr.Aminmayankkumar Kiritbhai, Amin Mayankumar Kiritbhai, GF7 Tithi Heighths Opp Rutva Heights Gotri Village, Vadodara M Corp OG Taluka, Vadodara 390 021 Also at:

Amin Mayankumar Kiritbhai, Amin Khadki At Darapura Ta Padra Village, Darapura Taluka Padra District, Vadodara 391 440 04.07.2025 4/4