Manju Saji v. M.Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Manju Saji ... Appellant Vs.

M.Murugan ... Respondent PRAYER: Criminal Appeal filed under Section 419 of BNSS, 2023, praying to set aside the judgment made in STC.No.275 of 2023 dated 03.12.2024 on the file of the learned Judicial Magistrate Court, Udhagamandalam.

For Appellant : Mr.C.Ramkumar

JUDGMENT

This criminal appeal has been preferred against the judgment made in STC.No.275 of 2023 dated 03.12.2024 on the file of the learned Judicial Magistrate Court, Udhagamandalam. 2.

Heard, the learned counsel appearing for the appellant and perused, all the materials placed before this Court.

3.

On perusal of records, it is revealed that the appellant is the complainant and the respondent is the accused in the complaint lodged for the offence punishable under Section 138 of NI Act. On the date of hearing on 03.12.2024, the appellant was absent before the trial court. Therefore, the complaint was dismissed for default. However, this Court is inclined to give one more opportunity to the appellant to put forth her case.

4.

In view of the above, the impugned judgment made in STC.No.275 of 2023 dated 03.12.2024 on the file of the learned Judicial Magistrate Court, Udhagamandalam, is set aside. The trial court is directed to issue fresh summon to the respondent and proceed with trial. It is made clear that the appellant shall cooperate for trial. 5.

With the above direction, this criminal appeal stands allowed.

14.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To The learned Judicial Magistrate Court, Udhagamandalam

G.K.ILANTHIRAIYAN, J.

lok 14.07.2025