Madras High CourtCRL A/418/2009allowed

M/S.Sayar Auto Finance v. Parasuraman

2018-01-24Honourable Mr Justice M.V. Muralidaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:24.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN Crl.Appeal No.418 of 2009 The Manager, R.Venkatraman, M/s.Sayar Auto Finance, Tiruvannamalai, No.40B, Thirumanjana Gopuram Street, Tiruvannamalai.

... Appellant Vs Parasuraman ... Respondent Prayer: Criminal appeal preferred under Sec.378 of the Code of Criminal Procedure, to set aside the order passed by the Learned Principal District Munsif Court, Tiruvannamalai, in C.C.No.136 of 2006, dated 12.10.2007. For Petitioner : Mr.S.Kumara devan For Respondent : M/s.M.Devaraj ****

JUDGMENT

This Criminal Appeal has been filed by the petitioner/defacto complainant challenging the order of acquittal passed by the Learned Principal District Munsif Court, Tiruvannamalai, in C.C.No.136 of 2006, dated 12.10.2007.

2. The learned counsel for the appellant/complainant submits that the appellant herein was regularly attending the Court and he was not able to be present on that day, but he was represented by the counsel. The Court below erred in dismissing the complaint on the ground that the complainant presence is necessary. Hence he prays for allowing the appeal.

3. Heard, the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

4. In view of the above, this Criminal Appeal is allowed. The learned Principal District and Munsif Court, Tiruvannamalai is directed to dispose of the appeal in C.C.No.136 of 2006, within a period of three months from the date of receipt of a copy of this order, without giving any adjournments to either parties. Both the parties are hereby directed to give their fullest co-operation for early disposal of the case. The appearance of the respondent/accused is dispensed with except for the hearing directed by the learned Principal District and Munsif Court, Tiruvannamalai. After disposal of the above criminal appeal, the Principal District and Munsif Court, Tiruvannamalai, is directed to send a report to this Court, within a period of ten days from the date of judgment. 24.01.2018 Index:yes/no Internet:yes/no ub

To The Principal District and Munsif Court, Tiruvannamalai.

M.V.MURALIDARAN. J., ub Crl.Appeal No.418 of 2009 24.01.2018