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Judgment
A. Packiaraj, J.—This petition has been filed against the orders passed by Judicial Magistrate No. 1, Tiruppur in Crl.M.P. No. 2273 of
2000 in C.C. No. 320 of 1998, permitting the complainant IO withdraw the prosecution in respect of A-7, who is the second Respondent herein.
The circumstances under which the said petition has come to be filed is as follows: The accused in C.C. No. 320 of 1998 are the Authorized
Signatories, Managing Director and Directors of Chenimalai Yarns Private Ltd and the cheque, which has been issued by them in respect of their
liability to the complainant, on presentation was dishonored and hence after observing all the formalities contemplated under the Negotiable
Instruments Act, the prosecution was launched, since the money has not been paid, against all the accused. Though steps have been taken to serve
summons on the accused, it was not possible for the complainant to get the summons served on A-7 alone and the matter was pending for a long
time for compliance of the same. Therefore, in order to progress with the case further, the complainant had filed a petition before the Magistrate to
withdraw the complaint in respect of A-7 alone u/s 257 Code of Criminal Procedure. On consideration of the submissions made, the learned
Magistrate has granted permission to withdraw the case against A-7 and consequently, had acquitted him. It is against this order, the present
revision has been filed.
The learned Counsel appearing for the Petitioners would submit that just because summons could not be served on one accused, he cannot be
let off, especially when he stands in the same boat as that of the other accused; and that if at all the money has to be paid now, the rest of the
accused who are present in Court only has to necessarily bear the amount, which A-7 also ought to pay and hence the orders of the learned
Magistrate is against law.
With due respect to the learned Counsel, I am unable to accept the said contention. Since, Section 257 Code of Criminal Procedure is clear in
its language that in a summons case the complainant is at liberty to withdraw the case on satisfying the Magistrate against any particular accused
when there are more than one accused and accordingly, the complainant in the present case has brought to the notice of the Court that the
accused, namely A-7 is away from the Country and hence summons could not be served on him and if the case is still kept pending without any
progress he would be seriously prejudiced. Therefore, in such circumstances, the learned Magistrate has felt it necessary that A-7 should be
dropped and consequently, having accepted the contention of the counsel to be a valid one, has permitted to do so. Hence, in such circumstances,
I find that there is no illegality committed by the learned Magistrate in passing such an order. Consequently, this revision is dismissed and the
connected Crl.M. Ps are also closed.