K. Ganesh Babu v. K.H. Gangadharan

Crl.A.(MD) No.191 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2019 CORAM :

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.A.(MD) No.191 of 2009 K.Ganesh Babu ... Appellant/Complainant vs.

K.H.Gangadharan ... Respondent/Accused PRAYER:- Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, to set aside the order dated 15.06.2009 passed in S.T.C.No.1009 of 2005 by the learned Judicial Magistrate No.I, Madurai.

For Appellant : No appearance For Respondent : No appearance

JUDGMENT

This criminal appeal has been filed to set aside the order dated 15.06.2009 passed in S.T.C.No.1009 of 2005 by the learned Judicial Magistrate No.I, Madurai.

2.No representation on either side.

3.From the affidavit, it is seen that the appellant has filed a private complaint against the respondent for the offences punishable under Section 138 of Negotiable Instruments Act and the same has been taken on file in S.T.C.No.1009 of 2005 by the learned Judicial Magistrate No.I, Madurai. Further, it is seen that on 15.06.2009, the learned Magistrate dismissed the said case under Section 256 Cr.P.C., and acquitted the respondent. Challenging the same, the present appeal has been filed.

4.From the records, it is seen that the appellant/complainant has not taken any steps to proceed with the appeal further, though the matter is pending for more than 11 years and despite sufficient opportunities were given to him.

5.In view of the above, this Criminal Appeal is dismissed for non-prosecution.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.A.(MD) No.191 of 2009 To

1. The Judicial Magistrate, No.I, Madurai.

2. The Section Officer (2 copies), Criminal Section,(Records) Madurai Bench of Madras High Court, Madurai.

Crl.A.(MD) No.191 of 2009 27.07.2019 mm MK (03.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2