M/S Fernando Coal And Coke Merchant v. Asantha Alloys India (P) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2025

CORAM:

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Crl.A.No. 341 of 2022 M/s.Fernando Coal and Coke Merchant, Represented by its Proprietor Hippolistas Fernando, 25, Kaleeswara Nagar, 1st Street, Kattoor, Ram Nagar (po), Coimbatore - 641009.

... Appellant Vs 1.Santha Alloys India (P) Ltd., Rep by its Managing Director, C.Senthil Kumar, Chetti Palayam, Palladam Road, Chikka Naicken Palayam, Coimbatore District.

2.Mr.C.Senthil Kumar, Managing Director, M/s.Senthil Alloys Indian Pvt Ltd., Chetti Palayam, Palladam Road, Chikka Naicken Palayam, Coimbatore District.

... Respondents Prayer: Criminal Appeal filed under Section 372 of the Code of Criminal Procedure, 1973, to set aside the Judgment and the order acquittal, acquitting the accused passed by the Trial Judicial Magistrate, Fast Track Court Magistrate Level II at Coimbatore in CC.No.326/2017 dated 18.07.2017 and 1/4

convict the accused by imposing a maximum sentence of 2 years simple imprisonment and award the compensation directing the respondent accused to pay double the cheque amount as compensation to the complainant. For Appellant : No appearance For Respondents : Mr.P.Sidharthan

ORDER

Today, when the matter came up for hearing, the erstwhile counsel namely M/s.R.Vasudevan and D.Ravi appeared in the matter, appeared before this Court and submit that they have already given a change of vakalat pursuant to which, even though their name was ordered to be deleted, their name is still appearing in the cause list and request that their name to be deleted. Be that as it may, even though the cause title shows the name M/s.R.Vasudevan and D.Ravi, it also categorically shows the name M/s.S.A.Udayakumari, S.H.S.Manian and G.Balasubramaniam appearing for the complainant on change of vakalat. The cause title clearly shows their name on the top for the complainant.

2. Mr.P.Sidharthan, learned counsel appearing on behalf of the respondents would submit that on the last occasion also there was no representation on behalf of the new counsel who had entered appearance. 2/4

Today also, there is no representation on behalf of the appellant.

3. In the said circumstances, the above criminal appeal stands dismissed for non prosecution. Accordingly, connected criminal original petition also stands closed. No costs.

05.11.2025 ssa To 1.

The Judicial Magistrate, Fast Track Court Magistrate Level II, Coimbatore. 2.

The Public Prosecutor, High Court, Madras.

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D.BHARATHA CHAKRAVARTHY, J.

ssa Crl.A.No. 341 of 2022 05.11.2025 4/4