Madras High CourtCRL A(MD)/142/2025dismissed for nonprosecution

K.Kannan v. M.Ravichandran

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.Kannan ...Appellant/ Complainant Vs.

M.Ravichandran ... Respondent/ Accused PRAYER: Criminal Appeal filed praying to set aside the judgment dated 31.10.2018 made in S.T.C.No.689 of 2014 on the file of the Judicial Magistrate No.I, Fast Track Court at Magisterial 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.689 of 2014 dated 31.10.2018 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.25 of 2019 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.142 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, the appellant has not turned up and hence, the Registry was directed to print the name of the appellant in the cause list and despite printing the name, the appellant has not turned up and that since there was no representation for the appellant on 30.10.2025 and 2/4

subsequently on 05.11.2025, this Court ordered to post the matter under the caption 'for dismissal' on 12.11.2025 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