Madras High Court
N. Yuvaraj vs M/S. Shri Balaji Agencies on 4 September, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
Crl. O.P. No. 21682 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl. O.P. No. 21682 of 2024
N. Yuvaraj .. Petitioner
Vs.
M/s. Shri Balaji Agencies,
Rep., by its Prop., P. Senthilkumar,
No.27, Elumalai Street, Ayanavaram,
Chennai – 600 023. .. Respondent
Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C.,
to set aside the order passed by the Principal Sessions Judge in
Crl.A.No.766 of 2023 dated 11.12.2023 and restore the appeal filed
against the order passed in C.C.No. 1087 of 2018 on the file of the
Metropolitan Magistrate, FTC-II, Egmore @ Allikulam dated 09.06.2023.
For Petitioner : Mr. M.A. Gouthaman
ORDER
The petitioner herein seeks interference of this Court on the order
passed by the learned Principal Sessions Judge in Crl.A.No.766 of 2023
dated 11.12.2023 which was dismissed for non prosecution namely
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failure to take cross examination.
2. The learned counsel appearing for the petitioner submits that
C.C.No.1087 of 2018 filed against the petitioner ended in conviction vide
judgment dated 09.06.2023. As against the judgment of conviction and
sentence, the petitioner has preferred a criminal appeal in Crl.A.No.766
of 2023 on the file of the learned Principal Sessions Judge, Chennai.
Along with the appeal, application for suspension of sentence was filed.
However, the same was dismissed by the lower Appellate Court.
3. Challenging the said order, the petitioner has preferred
Crl.OP.No.6939 of 2024 and this Court disposed of the petition with
direction to the petitioner to surrender before the learned Principal
Sessions Judge on or before 01.04.2024 and seek for bail.
4. The learned counsel for the petitioner submits that the dismissal
of the appeal by the lower Appellate Court for non prosecution has to be
set aside, since he has fair chance of succeeding in the appeal and on
technical ground that the petitioner has not paid the process fee, appeal
cannot be dismissed.
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5. This Court on perusal of the record and on hearing the counsel
finds that when the appeal came up for consideration after admission, the
petitioner herein who is the appellant has not appeared before this Court,
neither process was served on the complainant. Infact, his application
for suspension of sentence which was dismissed on 07.12.2023 was
challenged much after the dismissal of the appeal. However, the
petitioner had not brought to the notice of this Court that on 25.03.2024,
there is no appeal pending for suspending the sentence. There is also no
indication that subsequent to the order of this Court dated 25.03.2024 the
petitioner himself was before the trial Court immediately for restoration
of this appeal. The appeal against the conviction been preferred on
23.08.2023 with delay of 44 days. The delay was condoned by the lower
Appellate Court in Crl.MP.No.22619 of 2023 on 02.12.2023.
6. Taking note of the fact that the appeal filed with delay
application for suspension of sentence was dismissed by the lower
Appellate Court with direction to the petitioner to surrender before the
trial Court and get bail. Instead the petitioner neither pursued the appeal
nor surrendered before the trial Court and sought bail, but filed Criminal
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Original Petition filed before the High Court much after the dismissal of
the appeal.
7. In such circumstances this Court finds that the petitioner is not
interested in pursuing his appeal and get remedy in accordance with law,
but been protracting the proceedings without submitting himself with the
process of law. Hence, this Criminal Original Petition is dismissed as
devoid of merits.
04.09.2024
Vv
To
1.The Principal Sessions Judge, Chennai
2. The Metropolitan Magistrate,
FTC-II, Egmore @ Allikulam,
Chennai.
https://www.mhc.tn.gov.in/judis
Dr.G.JAYACHANDRAN,J.
Vv
04.09.2024
https://www.mhc.tn.gov.in/judis
