Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
M. Total Instruments Solutions, M. Mazkure Alam, S/o. C.A. Mohammed Ghouse – Appellant
Versus
Ashtapadi Foundation (Trust) Pinnacle College Trust Office – Respondent
| Table of Content |
|---|
| 1. petition filed for complaint under section 138. (Para 3 , 4) |
| 2. appellant's claims and reliance on precedent. (Para 5 , 6) |
| 3. respondents argue procedural delays affected trial. (Para 7 , 8) |
| 4. court remarks on trial procedures and delays. (Para 9 , 10 , 11) |
| 5. restoration of appeal and directions for speedy trial. (Para 12 , 13) |
| 6. final order granting appeal and acknowledging counsel. (Para 14 , 15) |
JUDGMENT :
M. NIRMAL KUMAR, J.
1. The appellant as complainant filed a private complaint in S.T.C.No.985 of 2017 for offence under Section 138 of the Negotiable Instruments Act against the respondents. The trial Court, by judgment dated 31.08.2021 dismissed the complaint for non prosecution, against which, the present appeal filed.
2. This Court, on 09.07.2024, admitted the appeal and ordered notice to the respondents. At this stage, it would be appropriate to extract the order passed by this Court on 04.11.2025, followed by an order passed on 02.12.2025.
‘ Proceedings dated 04.11.2025 :
“It is seen that this Court, on 02.01.2025, had directed the learned Chief Judicial Magistrate, Coimbatore, to effect service of notice through the jurisdictional police. Pursuant to the sai
The dismissal of cases for non-prosecution must consider the impact of circumstances like COVID-19, and substantial justice requires full trials.
The judgment emphasized the limitations on the power of the Magistrate to recall summons and the necessity of evidence for determining the service of notice.
The presumption of proper service of statutory notice under the Negotiable Instruments Act is upheld unless the accused proves evasion, affirming the existence of a legally enforceable debt.
The dishonor of a cheque issued as security does not negate liability under Section 138 if the conditions of notice service and the enforceable debt are established.
Court reaffirmed that in cheque dishonor cases, the appellant must prove the cheque's issuance arises from a legitimate debt obligation, especially when prior agreements exist contradicting claimed t....
The cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act cannot arise before expiry of 15 days from the date of service of notice upon the accused.
A complainant's failure to send a statutory notice within the prescribed timeframe as outlined in S.138 does not invalidate a complaint if proper payment receipts are demonstrated.
A complaint under Section 138 of the NI Act must be filed within the statutory limitation, and failure to comply with Section 142(b) regarding delay results in dismissal.
The appellant failed to establish the existence of a loan to support the cheque under Section 138, and once the accused probablized his defence, the evidential burden shifted back to the complainant.
The main legal point established in the judgment is that the dismissal of a complaint under Section 256 Cr.P.C. can only be made after it is taken on file and summons are issued to the accused. The c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
