J.Charles Devakumar v. K.Sivarajulu Naidu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP J.Charles Devakumar ... Appellant/Complainant -VsK.Sivarujulu Naidu

...Respondent/Accused

Prayer:- Criminal Appeal filed under Section 378(4) of Cr.P.C., to set aside the order of acquittal passed by the learned Fast Track Court (Magistrate Level), Vellore District in CC.No.165 of 2011 dated 24.01.2012, on the file of the learned Fast Track Court (Magistrate Level), Vellore District and convict the respondent and order for the payment of maximum compensation to the appellant herein under Section 357 of Cr.P.C.

For Petitioner : No Appearance For Respondent : No Appearance 1/4

O R D E R

When the matter was earlier listed on 12.07.2023, there was no representation for the Appellant. Hence, this Court directed the Registry to list the matter under the caption ''For Dismissal'' on 19.07.2023. 2.Despite the matter is listed today, 19.07.2023 under the caption ''For Dismissal'', the learned Counsel for the Appellant is absent. 3.The learned Counsel for the Respondent is also absent. On perusal of the records, it is found that the case arising out of the acquittal of the Respondent/Accused from the charge under Section 138 of the Negotiable Instruments Act, 1881, by the judgment passed by the learned Judicial Magistrate, Fast Track Court, Vellore in C.C.No.165 of 2011 dated 24.01.2012.

4.Since, there is no representation for the Appellant and the Respondent, this Court is left with no other option except to dismiss the Petition for non prosecution.

2/4

5.Therefore, the above Criminal Revision Petition stands dismissed for non-prosecution.

19.07.2023 drl Index : Yes/No Speaking/Non-speaking order To 1.The Judicial Magistrate, Fast Track Court, Vellore.

SATHI KUMAR SUKUMARA KURUP, J., 3/4

drl 19.07.2023 4/4