Kanagavalli v. Sivagnanashanmugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2022

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Kanagavalli ... Appellant Vs.

Sivagnana Shanmugam ... Respondent Prayer:

Criminal Appeal filed against the judgment and decree dated 31.07.2018 passed in S.T.C.No.124 of 2017 on the file of the Fast Track Judicial Magistrate Court (FAC), Thiruthuraipoondi. For Appellant : Notice served on appellant No appearance For Respondent : Died ***** J U D G E M E N T 1/4

This Criminal Appeal has been filed challenging the judgment and decree dated 31.07.2018 passed in S.T.C.No.124 of 2017 on the file of the Fast Track Judicial Magistrate Court (FAC), Thiruthuraipoondi.

2. The appellant has filed a private complaint in S.T.C.No.124 of 2017 against the respondent on the file of the Judicial Magistrate, Fast Track Court, Thiruthuraipoondi. The learned Judicial Magistrate dismissed the complaint vide order dated 31.07.2018 by acquitting the respondent/accused. Against the order of acquittal, the petitioner filed an appeal in C.A.No.15 of 2019 on the file of the Principal District and Sessions Court, Tiruvarur.

3. As per the decision of the Hon'ble Full Bench of this Court, the appeal against the order of acquittal pending before the Sessions Court was transferred to the file of this Court.

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4. This Court vide order dated 12.09.2022 ordered notice to both the parties. Despite service of notice on both the parties, none appeared on behalf of the appellant and notice to the respondent returned with an endorsement " respondent died".

5. In the light of the abovesaid factors, this Criminal Appeal stands dismissed as abated. Consequently, connected miscellaneous petition, if any, is closed.

19.10.2022 mfa Index:yes/No Internet:yes/No 3/4

P.VELMURUGAN , J.

mfa To

1. The Principal District and Sessions Judge, Principal District and Sessions Court, Tiruvarur.

2. The Judicial Magistrate, Fast Track Court, Thiruthuraipoondi.

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