Madras High CourtCRL A(MD)/170/2014dismissed as abated

Sidhan v. P.Loganathan

2024-09-03Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.09.2024

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Sidhan ... Appellant/Complainant Vs.

P.Loganathan ... Respondent/Accused Prayer: Criminal Appeal has been preferred under Section 378 Cr.P.C., to set aside the Judgment of the Judicial Magistrate No.II, Trichy, in S.T.C.No. 259 of 2011, dated 28.01.2013.

For Appellant : Mr.R.Rajaraman For Respondent : Mr.M.Pitchaimuthu

J U D G M E N T

This Criminal Appeal has been filed by the appellant against the Judgment of acquittal passed by the learned Judicial Magistrate No.II, Trichy, in S.T.C.No.259 of 2011, dated 28.01.2013. 2.A private complaint under Section 200 Cr.P.C. was filed by the appellant herein against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, before learned Judicial Magistrate No.II, Trichy. It was taken cognizance in S.T.C.No.259 of 2011. 1/3

By the Judgment, dated 28.01.2014, the trial Court found that the offence under Section 138 of the NI Act has not been established by the appellant herein, beyond the reasonable doubt and thereby acquitted the accused. Against which, originally revision was preferred and later converted into criminal appeal.

3.At the time of hearing, it was brought to the notice of this Court that the appellant is reported to be dead. So posted for steps. Even after several adjournments, no steps have been filed by the appellant. Since the appeal is preferred against the judgment of acquittal and since the legal heirs are not brought on record, the appeal is dismissed as abated. 03.09.2024 NCC: Yes/No Index:Yes/No Internet:Yes/No TM To 1.The Judicial Magistrate No.II, Trichy 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J TM 03.09.2024 3/3