Moorthi v. R.Vasudevan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Moorthi ...Appellant Vs.

R.Vasudevan

...Respondent

PRAYER:

Criminal Appeal filed under Section 378(4) of Criminal Procedure Code, to set aside the order of acquittal passed in C.C.No.108 of 2009 dated 05.01.2012 on the file of the Court of Judicial Magistrate - II at Puducherry and convict the accused for an offence under Section 138 of Negotiable Instrument Act by allowing this appeal. For Appellant : Mr.A.Muthukumar For Respondent : No appearance

ORDER

This is an appeal against acquittal filed against the judgment of the Judicial Magistrate No. II, Puducherry, dated 05.01.2012 in C.C. No. 108 of 2009.

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2. When the matter came up for hearing, the learned counsel appearing for the appellant submitted that the original appellant had passed away. They had tried to contact the legal heirs; however, the legal heirs did not give any instructions to file an implead petition or to continue the appeal. On the contrary, they have taken back the case papers. Therefore, the learned counsel is not in a position to take any further steps. No other counsel has appeared, nor have the legal heirs appeared in person before this Court.

3. In view thereof, Criminal Appeal No. 198 of 2012 is dismissed as having abated.

05.06.2025 nsl To The Judicial Magistrate - II, Puducherry.

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D.BHARATHA CHAKRAVARTHY, J.

nsl 05.06.2025 3/3