V.Ayyarappan ... Complainant/ vs Vasantha Thangaiyan ... ...
2024 Latest Caselaw 20931 Mad

Madras High Court

V.Ayyarappan ... Complainant/ vs Vasantha Thangaiyan ... ... on 4 November, 2024

                                                       1



                     BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED: 04.11.2024

                                                 CORAM

                   THE HONOURABLE Mr.JUSTICE K.K.RAMAKRISHNAN

                                         Crl.A.(MD)No.50 of 2017

             V.Ayyarappan                              ... Complainant/Petitioner

                                                       Vs

             Vasantha Thangaiyan                           ... Accused/Respondent


             Prayer :- Criminal Appeal filed under Section 374 (2) of Cr.P.C., to
             set aside the order passed in C.C.No.181 of 2006 on the file of the
             District   Munsif     cum     Judicial        Magistrate,    Orathanadu,     dated
             18.08.2007 and punish the respondent/accused for the offence
             committed under Section 138 of Negotiable Instruments Act.
                           For Appellant      : M/s.N.Juliet Latha,
                                                Legal Aid Counsel


                                             JUDGMENT

This appeal has been filed to set aside the order passed in

C.C.No.181 of 2006 on the file of the District Munsif cum Judicial

Magistrate, Orathanadu, dated 18.08.2007, and punish the

respondent/accused for the offence under Section 138 of Negotiable

Instruments Act.

2. M/s.N.Juliet Latha, the learned Legal Aid Counsel for the

Complainant/appellant is present. https://www.mhc.tn.gov.in/judis

3.The Registry is submitted a report that the sole

respondent/accused namely, Vasantha Thangaiyan, who is an

accused in C.C.No.181 of 2006, died on 07.07.2011 and also

produced the death certificate of above said Vasantha Thangaiyan,

which was received from the District Munsif cum Judicial Magistrate,

Orathanadu, and the same is recorded.

4. Since there is no legal heir come forward to conduct the case

of the sole respondent/accused, there is no purpose in proceeding

with the Appeal.

5. Hence, this Criminal Appeal is dismissed as abated. However,

if the appellant finds any legal heirs of the sole respondent/accused,

he is at liberty to restore the appeal.

6.The High Court Legal Services Committee is directed to pay the

remuneration to the Legal Aid Counsel, who defended the case for the

appellant/complainant.

                                                                      04.11.2024

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

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

To

The District Munsif cum Judicial Magistrate, Orathanadu.

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

K.K.RAMAKRISHNAN, J.

dss

04.11.2024

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