Crl.A.No.1649 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2025 CORAM: THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Appeal No.1649 of 2024 M/s. Sree Gokulam Chit and Finance Co.(P) Limited, Rep.by its Vice Chairman Mr.V.C.Praveen, Having Corporate Office at: No.66, Arcot Road, Kodambakkam, Chennai – 600 024, Having Branch Office at : Sree Sai Towers, 1064/8, Post Office Road, Hosur – 635 109. ... Appellant ..vs.. M.Ramu ... Respondent Criminal Appeal filed under Section 419 of BNSS, 2023, to call for the records and judgment acquitting the respondent/accused in S.T.C.No.23 of 2013 dated 21.08.2024 passed by the Judicial Magistrate, Fast Track Court, Hosur and set aside the same. Page No.1/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1649 of 2024 For Appellant : Mr.L.Rajasekar For Respondents : Mr.A.Balamurugan J U D G M E N T This Criminal Appeal is filed against the judgment passed in S.T.C.No.23 of 2013, dated 21.08.2024 by the learned Judicial Magistrate, Fast Track Court, Hosur, by acquitting the respondent- accused. 2. Learned counsel for the appellant submitted that after complying with the legal requirements, the appellant-complainant filed a private complaint under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate, Fast Track Court, Hosur against the respondent-accused alleging that the respondent-accused, who is the subscriber of the appellant-complainant chit group had issued a cheque for Rs.10,39,895/-, dated 21.11.2012 drawn on M/s.City Union Bank Page No.2/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1649 of 2024 Ltd., Hosur Branch, to discharge his liability towards the chit outstanding amount. When the said cheque was presented for realization, it was returned as ''Funds Insufficient''. He further submitted that after filing of the complaint, as per the settlement talks, the respondent-accused had paid part payment of Rs.4,00,000/- to the appellant-complainant and the same was informed to the trial Court and that the case was adjourned for filing fresh proof affidavit on 06.08.2024. On 06.08.2024, the complainant was present and the accused was absent and the complainant had sought time for filing fresh proof affidavit and the case was adjourned to 21.08.2024. However, the trial Court on 21.08.2024, dismissed the complaint for non-prosecution by observing that in spite of giving sufficient opportunities, the complainant has not proceed with the case further. He further submitted that as per the settlement talks, the accused made part payment to the complainant and that the complainant with bona fide belief that the matter would be settled between them, the complainant did not prosecute the case further. He further submitted that all along from the year 2013 though the appellant-complainant had taken Page No.3/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1649 of 2024 all diligent steps to proceed with the case, the learned Magistrate erroneously dismissed the complaint. Hence he seeks one more opportunity to prosecute the complaint in S.T.C.No.23 of 2013. 3. Learned counsel appearing for the respondent-complainant submitted that the complaint was filed in the year 2013 in S.T.C.No.23 of 2013 and the same is pending at the stage of trial from 02.05.2024. When the matter was taken up for hearing 06.08.2024, the trial Court adjourned the matter to 21.08.2024 on condition that if the complainant is not proceeding with trial on 21.08.2024, the complaint will be dismissed for non-prosecution. However, when the matter was taken up on 21.08.2024, the complainant sought further time for commencing the trial. However, the trial Court dismissed the complainant by observing that despite giving sufficient opportunities, the complainant did not take any effective steps to proceed with the case further. 4. Heard both sides and perused the materials available on record. Page No.4/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1649 of 2024 5. On a perusal of the records it is seen that pending complaint, the respondent-accused paid part payment to the complainant and that the trial Court adjourned the matter for filing fresh proof affidavit and trial by 06.08.2024. On 06.08.2024, the complainant sought further time to file fresh proof affidavit, hence the trial Court adjourned the matter to 21.08.2024 on condition that the trial should commence on 21.08.2024, failing which, the case will be dismissed for non-prosecution. When the matter was taken up for hearing on 21.08.2024, the appellant- complainant sought further time to file proof affidavit and to commencing the trial but the trial Court dismissed the complaint. 6. Considering the facts and circumstances of the case and also considering the submissions of both sides and also in the interest of justice, the appellant-complainant herein can be given one more opportunity to prosecute the case further. Therefore, the order dated 21.08.2024 in S.T.C.No.23 of 2013 passed by the learned Judicial Page No.5/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1649 of 2024 Magistrate, Fast Track Court, Hosur, is hereby set aside and hence, this Criminal Appeal is allowed with the following conditions : (i) The appellant-complainant shall file proof affidavit on or before 19.02.2025. (ii) The respondent-accused is directed to complete the cross examination on or before 21.02.2025. (iii) The appellant-complainant is directed complete the evidence on his side on or before 28.02.2025. (iv) In case the respondent-accused wants to take evidence, he has to complete the same on or before 07.03.2025. (v) The Judicial Magistrate, Fast Track Court, Hosur, is hereby directed to dispose of the case on merits and in accordance with law on or before 28.03.2025 and file a compliance report before this Court on 01.04.2025. Page No.6/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1649 of 2024 Post the matter under the caption ''For Filing Compliance Report'' on 01.04.2025. 12.02.2025 Note : Issue Order Copy on 13.02.2025 Index : Yes/No Neutral Citation Case : Yes/No Speaking Order : Yes/No ms To The Judicial Magistrate, Fast Track Court, Hosur. Page No.7/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1649 of 2024 P.VELMURUGAN, J. ms Crl.A.No.1649 of 2024 12.02.2025 Page No.8/8 https://www.mhc.tn.gov.in/judis