Madras High CourtCRL A(MD)/150/2010dismissed for nonprosecution

N. Raja v. V. Sathiyaseelan

2019-07-31Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL A (MD)No.150 of 2010 N.Raja ... Appellant / Respondent / Complainant Vs.

V.Sathiyaseelan ... Respondent / Appellant / Accused Prayer : This Criminal Appeal is filed under Section 378 of Criminal Procedure Code, to call for the records relating to the judgment dated 03.03.2010 made in C.A No.54 of 2009 on the file of the Additional District & Sessions Judge (Fast Track Court), Dindigul reversing the judgment dated 24.09.2009 made in C.C No.1386 of 2006 on the file of the Judicial Magistrate Court No.I, Dindigul and set aside the same.

For Appellant : No appearance

JUDGMENT

The appellant is the complainant in a case arising out of Section 138 of the Negotiable Instruments Act. Aggrieved by the acquittal of the accused by the appellate court, this appeal came to be filed.

2.The appeal was filed way back in the year 2010. For the last nine years, the appellant has not been able to effect service on the respondent. Therefore, the appeal has to suffer a dismissal for non prosecution. As and when the appellant able to trace the whereabouts of the respondent, he is at liberty to have this appeal restored.

3.With this liberty, this appeal is dismissed for non prosecution.

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

To 1.The Additional District & Sessions Judge (Fast Track Court), Dindigul.

2.The Judicial Magistrate Court No.I, Dindigul. CRL A (MD)No.150 of 2010 CS(12.09.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/