G.K.Loganathan v. Iqbal Alias Babu Thooiyavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Criminal Appeal No.161 of 2007 G.K.Loganathan ... Appellant/Complainant Vs.

Iqbal @ Babu Thooiyavan, Proprietor: Thooiyavan Pictures, No.2, Daniel Street, T.Nagar, Chennai-17.

... Respondent/Accused Prayer: Criminal Appeal is filed under Section 378 of the Criminal Procedure Code, praying against the order of acquittal passed against the respondent herein, in C.C.No.1056 of 2001, on the file of the 5th Metropolitan Magistrate, Egmore, Chennai, dated 30.12.2005. For Appellant :

No appearance For Respondent :

No appearance

J U D G M E N T

This appeal is directed against the judgment of acquittal made in C.C.No.1056 of 2001 on the file of V Metropolitan Magistrate Court, Egmore Chennai.

2. The complaint is of the year 2001. The acquittal was given in the year 2005. The appeal came to be filed in 2006 and number in 2007. It has been submitted that the appellant is no more.

3. The learned counsel for the appellant took time to take steps but till date steps have not been taken and the legal representatives of the complainant have not come on record. The complaint itself is for a total sum of Rs.25,000/-. Normally, the Criminal Appeal cannot be dismissed for default. Therefore, this Court will go through the records on its own and dispose the matter on merits. But in this case, the appellant himself is no more. The Legal Representatives have not been brought on record. Hence, this Court has no other option but to dismiss the appeal.

https://hcservices.ecourts.gov.in/hcservices/

4. Accordingly, the Criminal Appeal is dismissed for default.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bsm To The V Metropolitan Magistrate, Egmore, Chennai.

2. The section officer, Criminal Section, High court Madras (2 copies) Criminal Appeal No.161 of 2007 A.SK(13/03/2019) https://hcservices.ecourts.gov.in/hcservices/