Madras High CourtCRL A/808/2025allowed

M/S. Northern Arc Capital Limited, v. Kk Industrial Services

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.07.2025

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.

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Appellant Vs KK INDUSTRIAL SERVICES Rep by Mr.Kondaji Sakharam Kasar Sno 95/2 Gate no.22 Landage Nagar Bhosari Pimpri Chinchwan Haveli Pune 411039 .....

Respondent Prayer:

Criminal Appeal filed under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to allow this Criminal Appeal and set aside the order passed in STC No.3228 of 2024 on the file of the XIII Metropolitan Magistrate, Egmore, dated 04.06.2024. For Appellant : Mr.Ajmal Azzath 1/4

JUDGMENT

This Criminal Appeal has been preferred as against the order dated 04.06.2024 passed in STC No.3216 of 2024 on the file of the XIII Metropolitan Magistrate, Egmore, Chennai, thereby dismissing the complaint for default.

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

3. The appellant is the complainant and the respondent is the accused in the complaint filed for the offence punishable under Section 138 of the Negotiable Instruments Act. Due to a change in the authorized signatory of the Company, there was no representation on the date of hearing viz., 04.06.2024. Therefore, the Trial Court dismissed the complaint for default.

4. In view of the above, this Court is inclined to give one more opportunity to the appellant to proceed with the complaint. 2/4

5. In the light of the above discussions, the order dated 04.06.2024 passed in STC No.3228 of 2024 on the file of the XIII Metropolitan Magistrate, Egmore, Chennai, is hereby set aside. The Trial Court is directed to issue fresh summons to the accused and proceed with the trial in accordance with law. It is made clear that the appellant shall file an application for substitution of the authorized signatory within a period of one week from the date of receipt of a copy of this order.

6. In the result, this Criminal Appeal stands allowed. 07.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs 3/4

G.K.ILANTHIRAIYAN, J.

Nhs To The XIII Metropolitan Magistrate, Egmore, Chennai.

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