Sundarapandian vs S.Setric
2024 Latest Caselaw 20543 Mad

Madras High Court

Sundarapandian vs S.Setric on 29 October, 2024

                                                                                  Crl.A(MD)No.321 of 2014


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 29.10.2024

                                                          CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                                  Crl.A(MD)No.321 of 2014

                  Sundarapandian                               ... Appellant/Complainant

                                                            Vs.

                  S.Setric                                     ... Respondent/Accused

                  Prayer : This Appeal is filed under Section 378 of Cr.P.C., to call for the

                  records pertaining to the Judgment passed in S.T.C.No.871 of 2012, on the

                  file of the Judicial Magistrate No.I, Fast Track Court at Magisterial Level,

                  Madurai, dated 16.05.2014 and set aside the same.

                                  For Appellant         : Mr.S.Manohar

                                  For Respondent        : Mr.S.Ramasamy

                                                      JUDGMENT

This appeal has been filed against the Judgment of acquittal passed

in S.T.C.No.871 of 2012, on the file of the Judicial Magistrate No.I, Fast

Track Court at Magisterial Level, Madurai, dated 16.05.2014.

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

2.The private complaint was filed by the appellant herein against

the respondent under Section 200 Cr.P.C., stating that the respondent herein

borrowed a sum of Rs.1,00,000/- on 15.02.2011, to meet out the family

expenses and to improve his business. To discharge the same he issued a

cheque dated 18.03.2011. It was presented for payment through the banker of

the complainant on 21.03.2011, which came to be returned due to insufficient

funds on 23.03.2011. Therefore, after completing the statutory formalities, he

filed the present complaint against the first respondent for the offence

punishable under Section 138 r/w 142 of the Negotiable Instruments Act.

3.After full trial, the trial Court found the accused not guilty and

acquitted him. Against the judgment of acquittal, this appeal has been filed.

4.Pending appeal, the sole appellant died. The learned counsel for

the appellant would submit that the legal heirs of the appellant did not come

forward to prosecute the appeal.

5.In view of the submission made by the counsel for the appellant,

this appeal stands dismissed as abated.

                                                                                            29.10.2024

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




                  Index    : Yes/No
                  Internet : Yes/No
                  TM

                  To

1.The Judicial Magistrate No.I, Fast Track Court at Magisterial Level, Madurai.

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

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

G.ILANGOVAN,J.

TM

29.10.2024

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