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Madras High CourtCRL A(MD)/184/2025dismissed for default

T.Sundareswaran v. I.Metro

2025-03-24Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI T.Sundareswaran, S/o.K.Tamilarasan, Door No.35, Thiraviyapuram, 4th Street, Thoothukudi District.

... Appellant versus Tmt.I.Metro, W/o.N.Jebamalai Pitchai, Door No.11/308, T.Saveriyarpuram, Thoothukudi District.

... Respondent Appeal filed under Section 378(4) Cr.P.C. to call for the records and set aside the Judgment of acquittal passed by the learned Judicial Magistrate (Fast Track Court) Thoothukudi, Thoothukudi District, dated 20.03.2024 made in C.C.No.157 of 2022 forthwith.

For Appellant : Mr.J.Sankara Pandian 1/4

JUDGMENT

This Criminal Appeal is filed by the complainant as against the Judgment dated 20.03.2024 made in C.C.No.157 of 2022 on the file of the learned Judicial Magistrate (Fast Track Court), Thoothukudi, acquitting the respondent/accused of the charge under Section 138 of the Negotiable Instruments Act.

2. This appeal is listed before this Court for 8th time. This Court, in its earlier order dated 05.03.2025, recorded that this Court is not inclined to entertain this appeal. However, it was adjourned at the request of the learned counsel for the appellant. Thereafter, when this appeal was listed for hearing on 18.03.2025, there was no representation for the appellant. Therefore, the Registry was directed to list this appeal on 19.03.2024 under the caption "For Dismissal". On that day, the appellant's counsel was not ready to proceed with the appeal. In order to provide one more opportunity to the appellant's counsel, this appeal was directed to be listed today. 2/4

3. Even today, the learned counsel for the appellant is not ready. It shows that the appeallant's counsel is not interested in prosecuting the appeal.

4. Since the appellant's counsel is not interested in prosecuting the appeal, this Criminal Appeal is dismissed for default. 24.03.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy 24.03.2025 4/4