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Madras High CourtCRL OP/15315/2024dismissed for nonprosecution

M/S.New Saraswathi House (India) Pvt Ltd v. Pavis Book House

2024-07-11Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI in Crl.A.SR.No.54685 of 2024 M/s.New Saraswathi House (India) P. Ltd., 1st Floor, Whites India Building, Whites Road, Opp. Express Avenue Mall, Royapettah, Chennai - 600 014, Represented by M.S.Vedaraman ... Petitioner/Appellant Vs.

1.Pavis Book House, Rep. by its Proprietor, S.Govindaraj, No.9, 3rd Street, Ponniamman Nagar, Sikkarayapuram, Kovur, Chennai - 600 069.

2.S.Govindaraj, Proprietor, No.9, 3rd Street, Ponniamman Nagar, Sikkarayapuram, Kovur, Chennai - 600 069.

... Respondents/Respondents Page No.1 of 4

Prayer in Crl.O.P.No.15315 of 2024: Criminal Original Petition filed u/s.378(5) of the Code of Criminal Procedure, seeking to grant special leave petition to prosecute the respondent against the acquittal by judgment dated 04.07.2023 in C.C.No.8948 of 2017 on the file of the learned XIX Metropolitan Magistrate, Egmore at Allikulam, Chennai. Prayer in Crl.A.SR.No.54685 of 2023: Criminal Appeal filed u/s.378 of the Code of Criminal Procedure, praying to call for the records and setting aside the judgment dated 04.07.2023 passed in C.C.No.8948 of 2017 on the file of the learned XIX Metropolitan Magistrate, Egmore at Allikulam, Chennai and convict the accused in accordance with law. For Appellant : Mr.S.Panneer Selvan No appearance For Respondents : No appearance *****

ORDER

When this matter was taken for hearing on 09.07.2024, none appeared on behalf of the petitioner/appellant. Therefore, this Court has directed the matter to be listed on 11.07.2024 under the caption "for dismissal". Even today, when the matter is called, none appeared for the petitioner/appellant. Thus, it shows that the petitioner/appellant is not interested to prosecute the case any further. Hence, this Criminal Original Page No.2 of 4

Petition is dismissed for non-prosecution. Consequently, the Criminal Appeal is rejected at the SR stage itself.

11.07.2024 Index : Yes / No Speaking order / Non-speaking order sp To The XIX Metropolitan Magistrate, Egmore at Allikulam, Chennai. Page No.3 of 4

M.DHANDAPANI, J.

sp in Crl.A.SR.No.54685 of 2024 11.07.2024 Page No.4 of 4