Madras High CourtCRL A/380/2002withdrawn dismissed

Associated Electronics v. Golden Video

2015-11-05Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Criminal Appeal No.380 of 2002 Associated Electronics, Represented by Nooral Hassan, Manager (Show Room), 8/98, Race Course, Coimbatore - 641 018 .. Appellant/Complainant Vs

1. Golden Video, 360, 100 Feet Road, Coimbatore - 641 012

2. Ms. Tamil Selvi, Partner,Golden Video, 360, 100 Feet Road, Coimbatore - 641 012

3. Mr. R.Krishnamoorthy, Manager, Golden Video, 360, 100 Feet Road, Coimbatore - 641 012 .. Respondents/Accused Prayer:- This Criminal Appeal has been filed under Section 378 r/w.382 of the Criminal Procedure Code, to set aside the order of acquittal passed by the learned Judicial Magistrate No.V, Coimbatore on 6th February 2002 in C.C.No.245 of 2000, convict the respondents/accused.

For Appellant : Mr. S.Baskaran for M/s.Ram & Ram For Respondents : Mr. N.Ponraj, for R2 and R3 R1- No such addressee

JUDGMENT

This Criminal Appeal has been directed against the order of acquittal passed in Calendar Case No.245 of 2000 by the Judicial Magistrate No.V, Coimbatore.

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2. The appellant herein as complainant has filed the complaint in question under Section 138 of the Negotiable Instruments Act, 1881 and the same has been taken on file in Calendar Case No.245 of 2000, wherein the present respondents herein are shown as accused.

3. The trial court after considering the available evidence on record has dismissed the complaint and thereby acquitted the accused. Against the order of acquittal, the present Criminal Appeal has been filed at the instance of the complainant as appellant.

4. During the pendency of the same, the accused have settled the disputed amount by way of giving Demand Draft to the complainant and to that extent, the counsel appearing for the appellant has made an endorsement on the appeal memorandum.

5. Considering the aforesaid factual aspect, this Criminal Appeal is liable to be dismissed as withdrawn. In fine, this Criminal Appeal is dismissed as withdrawn. Sd/- Assistant Registrar(CS-VII) True Copy Sub Assistant Registrar To

1. The Judicial Magistrate, Judicial Magistrate No.V, Coimbatore.

2. -Do- Thro The Chief Judicial Magistrate, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Ponraj, Advocate SR.60996 Crl.A.No.380 of 2002 sr[co] srg 23/11/2015 https://hcservices.ecourts.gov.in/hcservices/