K.A.Mathiyazhagan v. Dilhi Rajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2024

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP. 26345 of 2024 AND CRL A SR. 53849 OF 2024 K.A.MATHIYAZHAGAN S/O. K.N. ARUMUGAM, NO. 484, SATHIYA MOORTHI STREET, CHEYYAR, THRIUVANNAMALAI DISTRICT 604 407 APPELLANT(S) Vs DILHI RAJAN S/O. VEDAPURI, NO. 35/12, NEHRU STREET, CHEYYAR TOWN AND TALUK, THIRUVANNAMALAI DISTRICT 604 407 RESPONDENT(S) For Appellant(s):

K. G.SENTHIL KUMAR S. VINOTHKUMAR M. SURESHSANKAR AFFIDAVIT OF SERVICE FILED For Respondent(s):

PVT.NOTICE - SERVED DILHI RAJAN S/O. VEDAPURI, NO. 35/12, NEHRU STREET, CHEYYAR TOWN AND TALUK, THIRUVANNAMALAI DISTRICT 604 407

ORDER

The petitioner seeks leave to file an appeal against the order dismissing his complaint for non-prosecution and consequential acquittal of the respondent.

2. The learned counsel for the petitioner would submit that on previous hearings, he was represented by a counsel and only on 06.09.2024 neither the petitioner nor his counsel could be present; that the learned Magistrate had not sent a notice of hearing to the complainant; and that therefore, the order of the trial Court is liable to be set aside.

3. The points raised by the petitioner require consideration by this Court and hence, leave is granted to file an appeal.

4. Registry is directed to number the appeal and post for admission, if it is otherwise in order.

09.12.2024 ars To

1. DILHI RAJAN S/O. VEDAPURI, NO. 35/12, NEHRU STREET, CHEYYAR TOWN AND TALUK, THIRUVANNAMALAI DISTRICT 604 407

SUNDER MOHAN , J.

ars

09.12.2024