S.Balachandar v. Suresh

Crl.M.P.No.19841 of 2023 Crl.M.P.No.19841 of 2023 in Crl.A.SR.No.55438 of 2022 M. NIRMAL KUMAR , J.

This petition has been filed to condone the delay of 185 days in filing the above appeal.

2.The petitioner/complainant had filed a private complaint under Section 138 of the Negotiable Instruments Act in C.C.No.7225 of 2017 against the respondent. The Trial Court, by judgment dated 28.08.2019, convicted the respondent, against which, the respondent filed an appeal before the Sessions Court in C.A.No.145 of 2021. The Sessions Court by judgment dated 14.03.2022, allowed the appeal, setting aside the conviction of the respondent, against which, the present appeal has been filed by the petitioner/complainant.

3.Earlier, the petitioner had filed Crl.M.P.No.16753 of 2023 before this Court to condone the delay in representing the papers in the Registry. On 13.12.2023, one Mr.S.Senthil Kumar, learned counsel for respondent was present. This Court, after hearing his objection condoned the delay in representation. Now the present petition is filed to condone the delay in https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.No.19841 of 2023 M. NIRMAL KUMAR , J.

rsi preferring the appeal. Earlier, on 13.12.2023, this Court considered the contra judgment passed by the Trial Court and the Lower Appellate Court and condoned the delay in representing the papers. The same ground applies for condonation of delay in preferring the appeal. 4.Despite respondent's counsel name is printed in the cause list, today, there is no representation on behalf of the respondent either in person or through his counsel. Finding that the respondent has got serious objection in condoning the delay and he was heard in detail, this Court is inclined to condone the delay.

5.Accordingly, the delay stands condoned and the petition is ordered. 02.01.2024 rsi Note: Registry is directed to number the Criminal Appeal, if it is otherwise in order.

Crl.M.P.No.19841 of 2023 in Crl.A.SR.No.55438 of 2022 https://www.mhc.tn.gov.in/judis 2/2