M/S. Northern Arc Capital Ltd., v. Basweswara Enterprises

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025 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.NK.Rinesh ... Appellant Vs Basweswara Enterprises, Rep. by Mr.P.Giridhar, 15/3/ 15/4, Shell Petrol Pump, Outer Ring Road, Stelite Town, Stage 2, Kengeri, Bengaluru (Bangalore), Urban Karnataka - 560 060.

Also at P.Giridhar, Flat No.G 004, Block A Sai Siri Heritage Apartment, Green View Layout Uttarahalli Road, near Kogipalya Cross Kengeri Bangalore, South Kumbalgodu, Golahalli, Bengaluru, Karnataka - 560 060.

... Respondent Prayer: Criminal Appeal filed under Section 419 of Bharatiya Nagarik Suraksha Sanhita Act, pleased to allow this Criminal Appeal and set Page No.1 of 4

aside the order passed in S.T.C.No.3226 of 2024 on the file of the XIII Metropolitan Magistrate, Egmore, dated 04.06.2024. For Appellant : Mr.M.Ajmal Azzath *****

JUDGMENT

This Criminal Appeal has been preferred as against the order dated 04.06.2024 passed in S.T.C.No.3226 of 2024 on the file of learned XIII Metropolitan Magistrate, Egmore, Chennai, thereby dismissing the complaint.

2. Heard the learned counsel appearing for the appellant and also perused the materials available on record.

3. The appellant lodged a complaint against the respondent for the offence punishable u/s 138 of the Negotiable Instruments Act (in short 'the NI Act'). The complaint was taken cognizance by the Trial Court in S.T.C.No.3226 of 2024. However, the appellant/complainant failed to appear before the trial court on 04.06.2024 and also failed to pay the process fee for issuing fresh summon to the respondent. Hence, the Trial Court dismissed the complaint and acquitted the respondent of the Page No.2 of 4

offence punishable u/s 138 of the NI Act. Therefore, this Court is of the view that the appellant may be given one more opportunity to putforth the complaint before the Trial Court, since the STC is of the year 2024.

4. In view of the above, the order dated 04.06.2024 passed in S.T.C.No.3226 of 2024 on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai, is hereby set aside. The Trial Court is directed to issue summons to the parties, proceed with the trial and complete the same within a period of three (3) months from the date of receipt of a copy of this judgment. 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. 18.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order sp To The XIII Metropolitan Magistrate, Egmore, Chennai.

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G.K.ILANTHIRAIYAN, J.

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