Madras High Court

Moorthi vs R.Vasudevan on 5 June, 2025

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                        Crl.A.No.198 of 2012

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 05.06.2025

                                                           CORAM:

                   THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                                   Crl.A.No.198 of 2012

                  Moorthi                                                                ...Appellant

                                                                Vs.
                  R.Vasudevan                                                           ...Respondent

                  PRAYER:            Criminal Appeal filed under Section 378(4) of Criminal
                  Procedure Code, to set aside the order of acquittal passed in C.C.No.108 of
                  2009 dated 05.01.2012 on the file of the Court of Judicial Magistrate - II at
                  Puducherry and convict the accused for an offence under Section 138 of
                  Negotiable Instrument Act by allowing this appeal.


                                   For Appellant           : Mr.A.Muthukumar

                                   For Respondent           : No appearance


                                                            ORDER

This is an appeal against acquittal filed against the judgment of the

Judicial Magistrate No. II, Puducherry, dated 05.01.2012 in C.C. No. 108 of

2009.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/06/2025 01:06:05 pm )

2. When the matter came up for hearing, the learned counsel appearing

for the appellant submitted that the original appellant had passed away. They

had tried to contact the legal heirs; however, the legal heirs did not give any

instructions to file an implead petition or to continue the appeal. On the

contrary, they have taken back the case papers. Therefore, the learned counsel

is not in a position to take any further steps. No other counsel has appeared,

nor have the legal heirs appeared in person before this Court.

3. In view thereof, Criminal Appeal No. 198 of 2012 is dismissed as