M/S. Shanthi Corporation v. M/S. Vasantha Printers And Designers

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2024

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP. 28932 of 2024 AND CRL A SR. 56114 OF 2024 M/s.Shanthi Corporation, Office at New No.70 (Old No.29) 2nd Floor, Sardar Patel Road, Adyar, Chennai - 600 020, Represented through Authorisied Signatory, Mr.P.R.Sivakumar .... Petitioner Vs

1. M/s.Vasantha Printers and Designers, No.20/64, North Mada Street, Vadapalani, Chennai - 600 026.

2. Mr.C.Chandrasekar, Authorised Signatory, M/s.Vasantha Printers and Designers, No.20/64, North Mada Street, Vadapalani, Chennai - 600 026.

... Respondents/A1 & A2 Prayer: Criminal Original Petition filed under Criminal Appellate Jurisdiction, to grant special leave to the appellant/complainant to prefer an appeal against the order of acquittal dated 28.08.2024 in S.T.C.No.1988/2023, passed by learned FTC-III, Metropolitan Magistrate Court, Saidapet, Chennai.

For Petitioner :

Mr.Vikram Ramakrishnan For Respondent :

Mr.R.Balakrishnan

ORDER

The petitioner seeks leave to file an appeal against the order dismissing his complaint for non-prosecution and consequential acquittal

of the respondent.

2. Mr.R.Balakrishnan, learned counsel undertakes to file vakalat for the respondents.

3. The learned counsel for the petitioner would submit that the complaint was dismissed for his non-appearance; that his non-appearance is neither wilful nor wanton and one more opportunity may be given to prove his case on merits; and that therefore, the order of the trial Court is liable to be set aside.

4. The points raised by the petitioner require consideration by this Court and hence, leave is granted to file an appeal.

5. Registry is directed to number the appeal, print the name of Mr.R.Balakrishnan as learned counsel for the respondents and post for admission on 21.12.2024, if it is otherwise in order. 18.12.2024 ars

SUNDER MOHAN , J.

ars 18.12.2024