Madras High CourtCRL A/324/2023dismissed for nonprosecution

P.Kandasamy v. S.Viswanath

2023-08-22Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA P.Kandasamy ... Appellant Vs.

S.Viswanathan ... Respondent Prayer : Criminal Appeal filed under Section 378 Cr.P.C. to set aside the order dated 23.11.2017 in C.C.No.70 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court No.1 at Magistrate Level, Coimbatore.

For Appellant : No appearance For Respondent : Mr.S.Sugendran, APP (Crl.side)

JUDGMENT

A perusal of the records shows that the private complaint filed by the present appellant was dismissed for non prosecution on 23.11.2017 by the learned Judicial Magistrate, Fast Track Court No.1 at Magistrate Level, Coimbatore and the accused was acquitted under

Section 256 Cr.P.C. as against which, the present appeal is filed. 2.When the criminal appeal came up for hearing on 21.08.2023, there was no representation for the appellant and hence was directed to be posted under the caption 'for dismissal' on 22.08.2023. Even today, i.e., 22.08.2023 there is no representation for the appellant.

3. In view of the same, the Criminal Appeal is dismissed for non prosecution. No costs.

22.08.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To

1. The Judicial Magistrate, Fast Track Court No.1 at Magistrate Level, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

R. HEMALATHA, J.

mtl 22.08.2023