Madras High CourtCRL A/969/2007dismissed for nonprosecution

S.Senthil Kumar v. Mr.K.Selvam

2015-03-10Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2015 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Crl.A.No.969 of 2007 S.Senthil Kumar ... Appellant/Complainant Vs.

K.Selvam ... Respondent/Accused Prayer:- Petition has been filed under Section 378 of Cr.P.C. Against the judgment dated 10.09.2007 made in C.C.No.337/2006 on the file of the Judicial Magistrate, Tiruchengode.

For Appellant :

Mr.C.S.Saravan For Respondent :

No appearance

O R D E R

The Criminal Appeal arises out of the judgment of acquittal under Section 138 of Negotiable Instruments Act which was dismissed for non-prosecution by invoking Section 256 Cr.P.C. 2.The learned counsel appearing for the appellant would submit that neither he nor the lower court counsel are not able to contact the appellant and they also not able to trace out the address of the respondent.

3.Even though the appeal has been filed in the year 2007, the appellant is not taking care to serve summons to the respondent. In such circumstances, I am of the view that there is no necessity for keeping the appeal pending. Hence, this Criminal Original Petition is dismissed for non prosecution.

Sd/- Assistant Registrar Dated:26.3.15 True Copy Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The Judicial Magistrate, Tiruchengode.

2.do thro' The Chief Judicial Magistrate, Namakkal.

3.The Public Prosecutor High Court, Chennai.

4.The Record Keeper, Criminal Section, High Court, Madras.

nm(co) krd 30/3 Crl.A.No.969 of 2007 https://hcservices.ecourts.gov.in/hcservices/