1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 Coram: THE HONOURABLE MR.JUSTICE S.PALANIVELU Criminal Appeal (MD) No.201 of 2011 T.Ramu : Appellant/Complainant Vs. Ingersaal : Respondent/Accused Criminal Appeal filed under Sections 378 of Cr.P.C. to set aside the Order dated 01.07.2011 passed in C.C.No.117 of 2010 on the file of the learned Judicial Magistrate No.3, Dindigul. For Appellant : M/s.R.Maheswaran For Respondent : M/s.K.Sekar *** JUDGMENT This criminal appeal has been filed to set aside the judgement dated 01.07.2011 passed in C.C.No.117 of 2010, on the file of the Judicial Magistrate No.3, Dindigul. 2. The petitioner is the complainant in C.C.No.117 of 2010, on the file of the learned Judicial Magistrate No.3, Dindigul, which has been laid as a private complaint on the strength of a cheque. On the date of hearing, i.e. on 01.07.2011, on account of non-appearance of the complainant, the Court below dismissed the complaint acquitting the accused. Hence, this appeal. 3. Non-Bailable Warrant was pending against the accused. On the date of hearing, the presence of the petitioner was not essential for the progress of the case. It is the settled principle that before proceeding to dismiss the complaint, the Trial Court has to issue notice to the complainant and when he was not present before the Court, it has also to see that his presence is necessary for the progress of the case. In this case, no notice was issued to the complainant and the presence of the complainant was also not necessary since N.B.W. was pending against the accused. 4. In view of the above said circumstances, this Court is of the considered view that the impugned order is not sustainable and liable to be set aside and it is accordingly, set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 5. In fine, this Criminal Appeal is allowed directing the learned Judicial Magistrate No.3, Dindigul, to restore the complaint to file and proceed with the same in accordance with law. Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To The Judicial Magistrate No.3, Dindigul srm rl/2c – 22.8.2011 Criminal Appeal (MD) No.201 of 2011 08.08.2011 https://hcservices.ecourts.gov.in/hcservices/