Madras High CourtCRL MP(MD)/4889/2025dismissed as abated

Victor Samraj Duraisingh v. F.Joseph

2025-09-17Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in Crl.A.(MD)SR.No.12636 of 2025 and Crl.A.(MD)SR.No.12636 of 2025 Victor Samraj Duraisingh ... Petitioner/ Appellant Vs.

F.Joseph

...Respondent/

Respondent Prayer in Crl.M.P.(MD)No.4889 of 2025 : The Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay 1930 days in filing the criminal appeal against the judgment of acquittal in Crl.Appeal No.63 of 2017 on the file of I Additional District and Sessions Judge, Thoothukudi dated 27.10.2017 by which confirming the judgment of acquittal in C.C.No.321 of 2012 on the file of learned Fast Track Court (Magisterial Level), Thoothukudi dated 12.12.2013. 1/4

Prayer in Crl.A.(MD)No.SR12636 of 2025 : The Criminal Appeal filed under Section 419(4) B.N.S.S., to call for the records and set aside the dismissal order of Crl.Appeal No.63 of 2017 on the file of I Additional District and Sessions Judge, Thoothukudi dated 27.10.2017 by which confirming the judgment of acquittal in C.C.No.321 of 2012 on the file of learned Fast Track Court (Magisterial Level), Thoothukudi, dated 12.12.2013 and consequently restore the criminal appeal on its file. (in both cases) For Petitioner : Mr.S.Deenadhayalan For Respondent : No appearance COMMON ORDER When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the respondent / accused was reported dead.

2. Since the respondent was acquitted for the offence under Section 138 of the Negotiable Instruments Act, the petitioner / complainant has preferred the present appeal along with the above petition to condone the delay. Since the respondent was reported dead, this Criminal Miscellaneous Petition stands dismissed as abated. Consequently, Crl.A. 2/4

(MD)SR.No.12636 of 2025 stands rejected at the SR stage itself. 17.09.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To 1.The I Additional District and Sessions Judge, Thoothukudi.

2.The Judicial Magistrate, Fast Track Court (Magisterial Level), Thoothukudi.

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K.MURALI SHANKAR ,J.

csm Order made in in Crl.A.(MD)SR.No.12636 of 2025 and Crl.A.(MD)SR.No.12636 of 2025 Dated : 17.09.2025 4/4