Madras High CourtCRL A/927/2025allowed

M/S.Galada Finance Limited, v. Mr.Murali Vinod

2025-07-15Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.Galada Finance Limited, Rep. By it Authorised Signatory, M.Karthik Old No.4, New No.7, Shaffee Mohammed Road, Thousand Lights, Chennai - 600 006.

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Appellant Vs Murali Vinod .....

Respondent PRAYER: Criminal Appeal filed under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for records relating to the order of acquittal dated 04.09.2024 passed in STC No.1243 of 2024 by the learned Metropolitan Magistrate FTC - II, Allikulam, Egmore, Chennai and set aside the same by remitting back to the trial Court for fresh consideration by giving sufficient opportunity for both side. For Appellant : Mr.M.Karthik

JUDGMENT

This Criminal Appeal has been preferred as against the order of acquittal dated 04.09.2024 passed in STC No.1243 of 2024 by the learned Metropolitan Magistrate FTC - II, Allikulam, Egmore, Chennai,

thereby dismissing the complaint filed by the appellant and acquitted the respondent.

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

3. A perusal of the records reveals that the appellant is the complainant, who filed a complaint against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. However, the appellant failed to take any steps to issue notice to the respondent herein before the Trial Court. Therefore, the Trial Court dismissed the complaint and acquitted the respondent.

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

5. Accordingly, the order of acquittal dated 04.09.2024 passed in STC No.1243 of 2024 by the learned Metropolitan Magistrate FTC - II, Allikulam, Egmore, Chennai, is hereby set aside. The Trial

Court is directed to issue notice to both parties and proceed with the trial in accordance with law.

6. In the result, this Criminal Appeal stands allowed. 15.07.2025 Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Lpp To The Metropolitan Magistrate, Fast Track Court - II, Allikulam, Egmore, Chennai.

G.K.ILANTHIRAIYAN. J, Lpp 15.07.2025