Crl.A.No.974 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 17.07.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.A.No.974 of 2025 M/S.Northern ARC Capital Limited, Having Office at 10th Floor, Phase-I, IIT-Madras Research Park, Kanagam Village, Taramani, Chennai-600 113, Represented by its Authorised Signatory, Mr.N.K.Rinesh. ..... Appellant Vs Mukesh Trading Rep by Mr.Ravat Mukesh Kumar Rampal Shop 12A Sivalaya 2 Nr Nandavan SATELLITE JODHPUR AHMEDABAD 380015 Also At: RAVAT MUKESHKUMAR RAMPAL, 71 109 MOHANLAL VAKIL NI CHAMNPURA ASARWA AHMEDABAD 380016. ..... Respondent Prayer: Criminal Appeal filed under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to allow this Criminal Appeal and set aside the order passed in STC No.3211 of 2024 on the file of the XIII Metropolitan Magistrate, Egmore, dated 04.06.2024. 1/4 https://www.mhc.tn.gov.in/judis 2 For Appellant : Mr.Ajmal Azaath JUDGMENT This Criminal Appeal has been preferred as against the order dated 04.06.2024 passed in STC No.3211 of 2024 on the file of the XIII Metropolitan Magistrate, Egmore, Chennai, thereby dismissing the complaint for default. 2. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 3. The appellant is the complainant and the respondent is the accused in the complaint filed for the offence punishable under Section 138 of the Negotiable Instruments Act. Due to a change in the authorized signatory of the Company, there was no representation on the date of hearing viz., 04.06.2024. Therefore, the Trial Court dismissed the complaint for default. 4. In view of the above, this Court is inclined to give one more 2/4 https://www.mhc.tn.gov.in/judis Crl.A.No.974 of 2025 opportunity to the appellant to proceed with the complaint. 5. In the light of the above discussions, the order dated 04.06.2024 passed in STC No.3211 of 2024 on the file of the XIII Metropolitan Magistrate, Egmore, Chennai, is hereby set aside. The Trial Court is directed to issue fresh summons to the accused and proceed with the trial in accordance with law. It is made clear that the appellant shall file an application for substitution of the authorized signatory within a period of one week from the date of receipt of a copy of this order. 6. In the result, this Criminal Appeal stands allowed. 17.07.2025 (1/3) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Nhs G.K.ILANTHIRAIYAN, J. Nhs 3/4 https://www.mhc.tn.gov.in/judis 4 To The XIII Metropolitan Magistrate, Egmore, Chennai. Crl.A.No.974 of 2025 17.07.2025 (1/3) 4/4 https://www.mhc.tn.gov.in/judis