India Cements Ltd v. Aravindan Agencies

Crl.O.P.No.22261 of 2023 Crl.O.P.No.22261 of 2023 in Crl.A.SR.No.46549 of 2023 M.NIRMAL KUMAR, J.

This petition has been filed seeking to grant special leave to file an appeal against the acquittal order dated 24.08.2022 passed in C.C.No.8794 of 2019 by the learned Metropolitan Magistrate FTC-1, Egmore @ Allikulam.

2. Learned counsel for the petitioner submits that the petitioner/complainant has been diligently prosecuting against the defaulters in discharging their liability by issuance of cheque and thereafter not honouring the same. The petitioner-company during course of business supplied cement to the respondents and in discharge of the said liability they issued cheque, which got dishonoured. Hence, filed a compliant. There are more than 100 cases in the same Court which has been diligently prosecuted by the petitioner/complainant. This is one case which got mixed up and for that reason, the petitioner could not appear and respond to the final notice dated 28.06.2022. He further submits that 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.22261 of 2023 M.NIRMAL KUMAR, J.

rsi the cheque amount is to the tune of Rs.3,70,300/-. The sanctity of the cheque to be used as instrument for business would be defeated, if the petitioner is unable to continue with the prosecution in C.C.No.8794 of 2019.

3. Finding reasons in the petitioner's submission, this Court is inclined to grant leave. Accordingly, leave is granted. 11.10.2023 Note: Registry is directed to number the Criminal Appeal, if it is otherwise in order.

rsi Crl.O.P.No.22261 of 2023 in Crl.A.SR.No.46549 of 2023 2/2 https://www.mhc.tn.gov.in/judis