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Madras High CourtCRL A(MD)/542/2019closed

Vibin Chandra Babu v. K.Bakthavatsalam, Proprietor,

2025-02-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI N.Vibin Chandra Babu ... Appellant versus K.Bakthavatsalam ... Respondent Appeal filed under Section 372 of the Code of Criminal Procedure, to set aside the Judgment of acquittal passed by the learned Additional District and Sessions Judge, Virudhunagar at Srivilliputhur dated 05.01.2019 in C.A.No.21 of 2014, reversing the Judgment of conviction and sentence passed by the learned Judicial Magistrate, Rajapalayam in S.T.C.No.2654 of 2008 dated 03.01.2014.

For Appellant : Mr.N.Dilip Kumar For Respondent : Mr.M.Jothi Basu 1/4

JUDGMENT

The appeallant herein is the complainant. He filed a complaint under Section 138 of the Negotiable Instrument Act as against the respondent, before the learned Judicial Magistrate, Rajapalayam, and the same was taken on file in S.T.C.No.2654 of 2008. The learned Judicial Magistrate, after the trial, found the respondent/accused guilty for the offence under Section 138 of the Negotiable Instruments Act and convicted and sentenced him to undergo one year simple imprisonment and to pay a fine of Rs.3,000/-, in default, to undergo three months simple imprisonment. However, in the appeal filed by the respondent in C.A.No.21 of 2014, the Additional District and Sessions Court, Virudhunagar at Srivilliputhur, reversed the findings of the trial Court and acquitted the respondent/accused, by Judgment dated 05.01.2019. Challenging the Judgment of acquittal, the complainant has filed this appeal.

2. Today, when this appeal is taken up for hearing, the learned counsel appearing for the respondent/accused submits that the respondent/accused died. Since the respondent/accused died, there is no 2/4

purpose in proceeding with the appeal.

3. Recording the submission made by the learned counsel appearing for the respondent/accused, this Criminal Appeal is closed. 05.02.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Additional District and Sessions Court, Virudhunagar at Srivilliputhur.

2. The Judicial Magistrate Court, Rajapalayam.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

ogy 05.02.2025 4/4