Kumar v. Dhanasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN CRL.A.No.51 of 2016 Kumar ... Appellant -Vs1.Dhanasekaran 2.E.Roopavathi 3.A.Kaliamurthy 4.Selvam ... Respondents PRAYER: Criminal Appeal is filed under Section 378 of Criminal Procedure Code, to set aside the order passed by the learned Judicial Magistrate No.1, Villupuram in C.C.No.187 of 2005 dated 11.12.2015. For Appellant : No appearance For R1, R3 and R4 : Mr.R.Saravanan For Mr.T.Sai Krishnan For R2 :Mr.D.Muthukumarappa *************

J U D G M E N T

The appellant herein filed a private complaint for alleged offence under Sections 500, 501 and 502 of I.P.C. The same was taken on file in C.C.No.187 of 2005 by the learned Judicial Magistrate No.1, Villupuram.

2. During the trial, P.W.1 was examined and Exs.P1 to P14 were marked and the first accused was examined as D.W.1 and Exs.D1 to D4 were marked.

3. It appears that based upon the Civil Court decree in O.S.No.571 of 2014 in C.M.A.No.7 of 2006, the trial Court has rightly come to the conclusion that the offence under Sections 300 and 502 of I.P.C are not made out and accordingly acquitted the accused. Against the order of acquittal, the appeal has been filed.

4. Despite several adjournments and notice to the appellant, there was no representation for the appellant and hence the Registry was directed to list the matter under the caption 'for dismissal' on 28.06.2023. Even today, there was no representation for the appellant. Hence, this Criminal Appeal is dismissed for default. 28.06.2023 nvi Index: Yes / No Internet: Yes To

1. The Judicial Magistrate No.1, Villupuram 2.The Public Prosecutor, High Court, Madras.

RMT.TEEKAA RAMAN,J., nvi CRL.A.No.51 of 2016 28.06.2023