IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 14.10.2025 Coram: The Honourable Mrs.Justice T.V.THAMILSELVI Crl.A.No.1578 of 2025 C.Santhanakumar ...Appellant Versus D.Ayyandurai ...Respondent Prayer: This Criminal Appeal is filed under Section 419 of BNSS, 2023 praying to set aside the Order dated 03.05.2023 passed in S.T.C.No.44 of 2021 on the file of the learned Judicial Magistrate (Fast Track Court), Omalur. For Appellant : M/s.U.Gowri Shankar For Respondent : No Appearance 1/6 https://www.mhc.tn.gov.in/judis JUDGMENT The present Criminal Appeal has been filed by the Appellant/Complainant praying to set aside the Order dated 03.05.2023 in S.T.C.No.44 of 2021 passed by the learned Judicial Magistrate (Fast Track Court), Omalur. 2. The brief facts of the case are as follows: On 28.04.2019, Respondent/Accused approached the Appellant/Complainant through his friend for his urgent need of money for his business. Hence, Appellant/Complainant gave a sum of Rs.2,00,000/- as hand loan to the Respondent/Accused. At the time of obtaining the loan, Respondent/Accused assured the Appellant/Complainant that he will repay the loan amount within 6 months and that apart, Respondent/Accused issued a post dated Cheque bearing No.172673 dated 28.11.2019 for a sum of Rs.2,00,000/- drawn at Tamil Nadu Mercantile Bank Ltd., Tharamangalam Branch in the name of Appellant/Complainant. The Respondent/Accused was regular in making interest, but, when the Appellant/Complainant 2/6 https://www.mhc.tn.gov.in/judis requested the Respondent/Accused to repay the principal amount, Respondent/Accused told the Appellant/Complainant to present the said post dated cheque for encashment. Therefore, Appellant/Complainant presented the said cheque for encashment, but, the said cheque was returned unpaid for the reason, “Funds Insufficient” on 29.11.2019, pursuant to which, Appellant/Complainant issued a Legal Notice dated 11.12.2019 to the Respondent/Accused. After the receipt of said Legal Notice, Respondent/Accused had sent his reply to the Appellant/Complainant vide Notice dated 31.12.2019 stating that he had borrowed only Rs.50,000/- as hand loan from Appellant/Complainant and not Rs.2,00,000/-. Therefore, Appellant/Complainant had preferred a complaint against the Respondent/Accused for the offence under Sections 138 & 142 of the Negotiable Instruments Act, 1881. The Fast Track Court, Omalur had taken the said complaint on file in S.T.C.No.44 of 2021 and had issued notice to both parties. On 07.07.2022, Respondent/Accused was not present before the Court and thus, the learned Judicial Magistrate, Fast Track Court, Omalur ordered to issue Non-Bailable Warrant to Respondent/Accused. While so, on 03.05.2023, when the case was called, the 3/6 https://www.mhc.tn.gov.in/judis Appellant/Complainant was absent. Therefore, the Court below has dismissed the complaint in S.T.C.No.44 of 2021 and acquitted the Respondent/Accused vide Order dated 03.05.2023. Aggrieved by the same, the Appellant/Complainant has preferred the present Criminal Appeal before this Court. 3. The learned counsel for Appellant/Complainant submitted that the Court below has dismissed the complaint in S.T.C.No.44 of 2021 for non- appearance of Appellant/Complainant. The absence of Appellant/Complainant before the Court below is neither willful nor wanton. It is further submitted that Appellant/Complainant has a fair chance to succeed before the trial Court. Therefore, the learned counsel for Appellant/Complainant prayed that the Order dated 03.05.2023 passed in S.T.C.No.44 of 2021 may be set aside. 4. Heard the learned counsel for Appellant/Complainant. There is no representation on behalf of Respondent/Accused. 4/6 https://www.mhc.tn.gov.in/judis 5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel for the Appellant/Complainant, this Court is inclined to set aside the Order dated 03.05.2023 in S.T.C.No.44 of 2021 passed by the learned Judicial Magistrate (Fast Track Court), Omalur and allow this Criminal Appeal. 6. Accordingly, the Order dated 03.05.2023 in S.T.C.No.44 of 2021 passed by the learned Judicial Magistrate (Fast Track Court), Omalur is set aside and this Criminal Appeal is allowed. 14.10.2025 mrr Index: Yes/No Speaking Order (or) Non-Speaking Order To 1.The Judicial Magistrate (Fast Track Court), Omalur. 2.The Public Prosecutor, High Court, Madras. 5/6 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J. mrr Crl.A.No.1578 of 2025 14.10.2025 6/6 https://www.mhc.tn.gov.in/judis