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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Gomathi – Appellant
Versus
M/s. Puthukadai Private Limited – Respondent
| Table of Content |
|---|
| 1. dismissal for non-prosecution due to counsel's lapse in cheque case. (Para 1 , 2) |
| 2. covid adjournments caused loss of track; litigant not penalised. (Para 3) |
| 3. petition allowed with costs; steps for process ordered. (Para 4) |
ORDER
The petitioner has filed a private complaint under Section 138 of the Negotiable Instruments Act against the respondents. The same has been taken on file in STC.No.10185 of 2022. The case was periodically adjourned and during COVID-19, the case was adjourned for long durations. Thereafter, the learned counsel for the petitioner lost track of the pendency of the case and hence, he could not take steps for issuance of summons to the respondent and the case was finally dismissed for non-prosecution under 204(4) Cr.P.C., on
30.06.2025, against which, the present petition has been filed.
2.The learned counsel for the petitioner submitted that due to the mistake committed by the learned counsel for the petitioner, the petitioner cannot be penalised. Further that the complaint has been filed for non-payment of Rs.6,00,000/- by the respondents, despite the third respondent having issued a cheque for the said purpose. Admittedly, the third responde
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