CRL A/964/2026 of R.Sekar Vs M.Raja on 10 September 2026

Judgment

The appellant as complainant filed a private complaint in S.T.C.No.142 of 2018 for offence under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘N.I. Act’) against the respondent/accused. The trial Court, by judgment dated 14.02.2019, dismissed the complaint for non-prosecution, against which the present appeal is filed.

2. For the sake of convenience, the parties are referred to as per their litigative status before the trial Court.

3. The gist of the complaint is that the accused borrowed a sum of Rs.3 lakhs from the complainant on 18.03.2018 and in discharge of the said liability, he issued a cheque drawn on Punjab National Bank, Attur Branch, Salem. When the cheque was presented, it got dishonoured. Thereafter, statutory notice issued and following the statutory procedure, complaint filed and the same was taken on file. In this case, the accused was evading service and not appeared before the trial Court, despite several steps were taken. In the meanwhile, the impugned order passed, against which, the complainant filed an appeal before the Sessions Court. Thereafter, as per the Hon’ble High Court Circular in R.O.C.No.1363/2020/RG, dated 30.05.2020, the appeal was transferred to the file of this Court.

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CRL A No. 964 of 2026

4. The learned counsel for the complainant submitted that in this case on the date of impugned order, the case was not posted for trial and due to the absence of the complainant, the trial was not stalled. The accused not appeared, steps were taken for his appearance and the complaint was not dismissed on merits. Further submitted that substantial justice will be rendered only after full- fledged trial. Hence, she prayed to set aside the impugned order.

5. It is seen that S.T.C.No.142 of 2018 was dismissed on technical grounds and not on merits. Hence, notice to the respondent dispensed with.

6. Considering the submissions made on either side and on perusal of the materials, it is seen that even before commencement of trial, the accused not appeared. Further, the complaint was dismissed on technical grounds for non- prosecution and not on merits. The real and substantial justice can be rendered only after full-fledged trial. Hence, this court finds the dismissal of the complaint for non-prosecution is not proper.

7. In view of the same, the impugned order dated 14.02.2019 made in S.T.C.No.142 of 2018 by the learned Judicial Magistrate No.I, Fast Track Court, Attur is set aside, and the petition in S.T.C.No.142 of 2018 is restored on the file of Judicial Magistrate No.I, Fast Track Court, Attur.

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CRL A No. 964 of 2026

8. The learned Judicial Magistrate No.I, Fast Track Court, Attur is directed to proceed with the trial and dispose of the case in S.T.C.No.142 of 2018 without any further delay, preferably within a period of four months from the date of receipt of a copy of this order and appearance of respondent.

9. Accordingly, the Criminal Appeal is allowed.

10. This Court appreciates Ms.S.Thatshinya, Legal Aid Counsel for the appellant for her strenuous efforts in doing research and putting forth the case of the appellant effectively. The Legal Services Authority shall pay the remuneration to the Legal Aid Counsel as per Rules. 10-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RSI

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CRL A No. 964 of 2026

To The Judicial Magistrate No.I, Fast Track Court, Attur.

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CRL A No. 964 of 2026

M.NIRMAL KUMAR J. RSI CRL A No. 964 of 2026 10-09-2026

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