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Madras High CourtCRL RC/1152/2019dismissed

S.Rakesh Kumar v. M/S.King Metalisers

2023-07-03Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2023

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Mr.S.Rakesh Kumar ...Revision Petitioner/Appellant/ Complainant -Vs1.M/s.King Metalisers, Salma @ Kalpana (Proprietor), No.94C, SIDCO Industrial Estate, Ambattur, Chennai - 98.

2.Salma @ Kalpana

...Respondents/Respondents/

Accused Prayer:- Criminal Revision Petition filed under Section 397 read with 401 of Cr.P.C, to call for records in S.T.C.No.113 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court, Ambattur and to set aside the order dated 01.08.2019 in Crl.A.No.55 of 2017 on the file of the learned Principal Sessions Judge, Tiruvallur District. For Petitioner : No appearance For R2 : Mr.S.Sathish Rajan 1/4

O R D E R

When the matter was earlier listed on 30.06.2023, there was no representation for the Revision Petitioner. The learned Counsel for the 2nd Respondent was present in Court. Hence, this Court directed the Registry to list the matter under the caption ''For Dismissal'' on 03.07.2023. 2.Despite the matter is listed today, 03.07.2023 under the caption ''For Dismissal'', there is no representation for the Revision Petitioner. 3.The learned Counsel for the 2nd Respondent is present in Court, and he submits that the case arose out of Section 138 of the Negotiable Instruments Act, 1881, where the judgment passed by the learned Judicial Magistrate, Fast Track Court, Magistrate Level Ambatur in S.T.C.No.113 of 2016 dated 10.02.2017, was confirmed by the learned Principal Sessions Judge, Tiruvallur, in Crl.A.No.55 of 2017 dated 01.08.2019. 4.Since, there is no representation for the Revision Petitioner, 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.

03.07.2023 cda Index : Yes/No Speaking/Non-speaking order To 1.The Judicial Magistrate, Fast Track Court, Magistrate Level Ambatur. 2.The Principal Sessions Judge, Tiruvallur.

SATHI KUMAR SUKUMARA KURUP, J., 3/4

cda 03.07.2023 4/4