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Madras High CourtCRL OP/34231/2019disposed of

Muthuveni v. M.Loganathan

2020-03-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 34231 of 2019 Muthuveni ... Petitioner Vs M.Loganathan ... Respondent PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying, to set aside the order dated 13.08.2019 in Crl.M.P.No.5916 of 2018 in CA.No.Nil of 2018 on the file of before the Hon'ble Principal District Sessions Judge at Vellore. For Petitioner : Mr.Parigopal

ORDER

This Criminal Original Petition has been filed challenging the order passed in Crl.M.P.5916 of 2018 in C.A.No.Nil of 2018 dated 13.08.2019 on the file of the Principal District Sessions Judge at Vellore, thereby, dismissing the application filed by the petitioner to condone the delay of 92 days in filing criminal appeal as against the judgment in S.T.C.No.127 of 2015 dated 27.07.2018.

2.

Learned counsel for the petitioner submitted that the Trial Court though convicted the respondent for the offence punishable under Section 138 of the Negotiable Instrument Act 1881, did not order any compensation to the cheque amount. Therefore, he preferred Crl.M.P.5916 of 2018 before the First Appellate Court with a delay of 92 days in filing criminal appeal. Unfortunately, he did not appear before the First Appellate Court on the date of hearing of the condone delay petition. Therefore, his petition was dismissed for nonappearance of the petitioner herein. 3.

Considering the facts and circumstances of this case, the order of the First Appellate Court in Crl.M.P.5916 of 2018, dated 13.08.2019, is set aside. The First Appellate Court is directed to pass orders on merits and in accordance with law in the condone delay petition within a period of four weeks from 1/2 https://hcservices.ecourts.gov.in/hcservices/

the date of receipt of a copy of this order.

4.

With the above direction, this criminal original petition is disposed of.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar dm To 1.The Principal District and Sessions Judge Vellore Crl.O.P.No. 34231 of 2019 aa02/07/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/