Suresh vs Maraiyarasu
2023 Latest Caselaw 3818 Mad

                                                                                  Crl.A(MD)No.124 of 2011



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      Date : 05.04.2023

                                                          CORAM:

                           THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                 Crl.A.(MD)No.124 of 2011

                     Suresh                                           ... Appellant/Complainant

                                                                vs.

                     Maraiyarasu                                      ...Respondent/Accused

                     PRAYER : This Criminal Appeal has been filed under Section 372
                     Cr.P.C., to set aside the Judgment and Acquittal order passed by the
                     learned District Munsif, Pattukkottai, dated 08.11.2010 in C.C.No.27 of
                     2010 and restore the case on its file.


                                              For Appellant    : No Appearance

                                              For Respondent : No Appearance

                                                        JUDGMENT

This Criminal Appeal is filed against the order passed in C.C.No.

27 of 2010 on the file of the learned District Munsif, Pattukkottai, dated

08.11.2010.

2.The learned counsel for the appellant would submit that already

handed over the entire case bundle to the party along with change of https://www.mhc.tn.gov.in/judis

Crl.A(MD)No.124 of 2011

vakalat. Even till today, the appellant has failed to engage any new

counsel on behalf of before this Court. Today (ie., 05.04.2023) also no

one is present either by appellant or through his counsel.

3.On perusal of the records revealed that the appellant lodged a

complaint for the offence under Section 138 of N.I Act. After taking

statement, the trial Court has taken cognizance of the case in C.C.No.27

of 2010. However, from 10.12.2008 onwards, the appellant did not

appear before the trial Court and as such, the learned District Munsif has

rightly dismissed the complaint and acquitted the respondent. Hence, this

Court finds no infirmity or illegality in the order of dismissal by the

Court below. Therefore, the appeal is liable to be dismissed.

4.Accordingly, the Criminal Appeal stands dismissed.

05.04.2023

sji

NCC : Yes/No Index: Yes/No Internet: Yes/No

https://www.mhc.tn.gov.in/judis

Crl.A(MD)No.124 of 2011

To

1. The District Munsif, Pattukkottai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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

https://www.mhc.tn.gov.in/judis

Crl.A(MD)No.124 of 2011

G.K.ILANTHIRAIYAN , J.

sji

Crl.A.(MD)No.124 of 2011

05.04.2023

https://www.mhc.tn.gov.in/judis