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P. Vijaya Raghunathan v/s M/s. Green Cotton Garments rep. by its Managing Directors & Others


Company & Directors' Information:- D R GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101GJ2005PTC046010

Company & Directors' Information:- R. R. GARMENTS LIMITED [Active] CIN = U51900MH1995PLC095544

Company & Directors' Information:- S G GARMENTS LIMITED [Active] CIN = U18101WB2004PLC098193

Company & Directors' Information:- K K P GARMENTS PRIVATE LIMITED [Active] CIN = U65921TZ1994PTC005334

Company & Directors' Information:- N K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC107093

Company & Directors' Information:- K. D. GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2005PTC101896

Company & Directors' Information:- G AND A GARMENTS PVT LTD [Strike Off] CIN = U18101PB1995PTC016121

Company & Directors' Information:- V H GARMENTS PRIVATE LIMITED [Active] CIN = U52322MH2008PTC181066

Company & Directors' Information:- S. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC083315

Company & Directors' Information:- G. M. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2006PTC152683

Company & Directors' Information:- D AND D GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007923

Company & Directors' Information:- J S GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U74900WB2009PTC135262

Company & Directors' Information:- K. B . GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2011PTC166954

Company & Directors' Information:- A K GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2015PTC282847

Company & Directors' Information:- D P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129479

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC143084

Company & Directors' Information:- P AND P GARMENTS PVT LTD [Under Process of Striking Off] CIN = U18101DL2005PTC143556

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101HR2005PTC068124

Company & Directors' Information:- L. H. GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17121KA2011PTC060761

Company & Directors' Information:- K R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1998PTC087046

Company & Directors' Information:- T & A GARMENTS PVT LTD [Strike Off] CIN = U52321TN1993PTC025318

Company & Directors' Information:- P. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC164238

Company & Directors' Information:- S. A. GARMENTS PRIVATE LIMITED [Active] CIN = U17121DL2007PTC165007

Company & Directors' Information:- T S GARMENTS PRIVATE LIMITED [Active] CIN = U51494DL1996PTC076668

Company & Directors' Information:- GARMENTS INDIA PVT LTD [Strike Off] CIN = U51909GJ1979PTC003310

Company & Directors' Information:- K. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC164404

Company & Directors' Information:- B G GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142488

Company & Directors' Information:- S P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2003PTC120709

Company & Directors' Information:- S T GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2015PTC277043

Company & Directors' Information:- P L GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2013PTC248417

Company & Directors' Information:- M. K. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164395

Company & Directors' Information:- R A GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2003PTC123385

Company & Directors' Information:- C S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134787

Company & Directors' Information:- B L GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136912

Company & Directors' Information:- B D S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC137898

Company & Directors' Information:- T G GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC143392

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149330

Company & Directors' Information:- G P GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC161067

Company & Directors' Information:- I B GARMENTS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257044

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U74110DL2006PTC149330

Company & Directors' Information:- A G GARMENTS PRIVATE LIMITED [Active] CIN = U51300DL2013PTC257609

Company & Directors' Information:- V R V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2008PTC182256

Company & Directors' Information:- M V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141797

Company & Directors' Information:- A AND R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17120HR2013PTC049037

Company & Directors' Information:- V K GARMENTS PRIVATE LTD [Strike Off] CIN = U18101DL1981PTC012410

Company & Directors' Information:- A S GARMENTS PRIVATE LIMITED [Active] CIN = U17212CH1992PTC012350

Company & Directors' Information:- V R GARMENTS PVT LTD [Strike Off] CIN = U18101CH1991PTC011345

Company & Directors' Information:- S B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2005PTC141954

    CRIMINAL APPEAL No.382 of 2007

    Decided On, 09 August 2007

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE A.C. ARUMUGAPERUMAL ADITYAN

    For the Appellant: I.C. Vasudevan, Advocate. For the Respondents: Notice served (proof filed).



Judgment Text

(This appeal is filed against the Judgment made in C.C.No.332/2006 dated 28.12.2006 on the file of the Second Additional District Munsif, Erode.)


This appeal has been preferred against the Judgment in C.C.No. 332 of 2006 on the file of the Second Additional District Munsif, Erode.


2. The appellant as the complainant had preferred a private complaint under Section 200 of Cr.P.C. for an offence under Section 138 of the Negotiable Instruments Act 1881 against the accused alleging that the accused, after borrowing Rs.15,00,000/- for the purpose of improving their business, had drawn a cheque for Rs.15,000/- on 5.9.2001 in favour of the complainant in order to discharge partially the above said subsisting debt. When the said cheque was presented in the Corporation Bank, Erode Branch, on 17.9.2001, the same was returned with an endorsement that there is no sufficient fund in the account of the accused to honour the same. A notice was issued by the complainant to the accused informing about the dishonour of the impugned cheque, which was received by the accused and a reply was sent by the accused, for which a rejoinder notice was sent by the complainant.


3. The learned Judicial Magistrate had issued non bailable warrant for securing the accused, since he has failed to appear before the trial Court inspite of receipt of the summons while non bailable warrant against the accused was pending execution, even on the date of the pronouncement of the Judgment on 28.12.2006 in C.C.No.332 of 2006 the trial Court has dismissed the case for non-appearance of the complainant. The reasoning assigning for dismissing the complaint by the learned trial Judge is that the complainant was absent on 19.12.2006 inspite of service of notice dated 22.11.2006 under letter Nos.1790 and 1791. But the fact remains that the non bailable warrant is pending against the accused even on 28.12.2006, the date on which the judgment was pronounced. I am of the view that there is no necessity for the complainant to appear on 19.12.2006, since the non bailable warrant was pending against the accused. The proper course open to the learned trial Judge is to secure the accused first by giving necessary instructions to the police to execute the non bailable warrant and after furnishing copies to the accused, only he can compel the appearance of the complainant.


4. The learned counsel appearing for the appellant would contend that C.C.No.332 of 2006 was originally pending before the learned Judicial Magistrate No.1, Erode and subsequently been transferred to the file of the Second Additional District Munsif, Erode. Under such circumstances, the learned counsel appearing for the appellant undertakes that he will ask the complainant to be present on 29.8.2007 before the trial Court.


5. In fine, the appeal is allowed on condition that the complainant appears before the trial Court on 29.8.2007 and on his appearance, the learned trial Judge shall restore

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C.C.No.332 of 2006 to her file and after giving necessary instructions to the police to secure the accused by executing the non bailable warrant, shall proceed with the case in accordance with law. Failure to comply with the appearance of the complainant on 29.8.2007 before the trial Court, the appeal shall deem to have been dismissed.
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