Madras High CourtCRL A(MD)/90/2025dismissed for nonprosecution

K. Malini v. A. Kannan

2025-11-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR K.Malini ...Appellant/ Complainant Vs.

A.Kannan ... Respondent/ Accused PRAYER: Criminal Appeal filed praying to set aside the judgment dated 03.11.2018 made in S.T.C.No.249 of 2012 on the file of the learned Fast Track Court No.I (JM Level), Madurai, and allow this criminal appeal. For Appellant : No appearance

JUDGMENT

The Criminal Appeal is directed the against the judgment of acquittal made in S.T.C.No.249 of 2012 dated 03.11.2018 on the file of the Judicial Magistrate No.I, Fast Track Court at Magisterial Level, 1/4

Madurai, in acquitting the respondent / accused for the offence under Section 138 of the Negotiable Instruments Act.

2. It is evident from the records that the appellant, who is the complainant, has earlier filed a criminal appeal in Crl.A.No.129 of 2018 before the Principal District and Sessions Court, Madurai and subsequently, the learned Principal District and Sessions Judge, Madurai, by referring the judgment of the Hon'ble Full Bench of this Court reported in (2020) 3 MLJ (Crl) 257, transferred the appeal to this Court and the appeal was taken on file in Crl.A.(MD)No.90 of 2025 on the file of this Court.

3. It is evident from the records that in order to enable the appellant to prosecute this appeal, the Registry was directed to send notice to the appellant and in pursuance of the same, notice was sent, that despite receipt of the same and printing the name in the cause list, the appellant has not turned up and that since there was no representation for the appellant on 30.10.2025 and subsequently on 05.11.2025, this Court ordered to post the matter under the caption 'for dismissal' on 12.11.2025 2/4

and even today (12.11.2025), there is no representation for the appellant. Hence, this Criminal Appeal is dismissed for non-prosecution. 12.11.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Principal District and Sessions Judge, Madurai.

2.The Judicial Magistrate No.I, Fast Track Court at Magisterial Level, Madurai.

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K.MURALI SHANKAR, J.

csm Judgment made in Dated : 12.11.2025 4/4