Madras High Court
Thamayanthi vs C.Durai Singam on 19 March, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A.(MD)Nos.265 and 324 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A.(MD)Nos.265 and 324 of 2021
Crl.A.(MD)No.265 of 2021
Thamayanthi ... Appellant
versus
C.Durai Singam ... Respondent
Appeal filed under Section 378(3) of Cr.P.C. to call for the records
from the lower Court and set aside the Judgment passed in S.T.C.No.51 of
2017 dated 18.12.2019 on the file of the learned Judicial Magistrate – Fast
Track, Uthamapalayam, Theni District, by allowing this appeal and convict
the accused and order compensation as per the provision of the N.I. Act.
For Appellant : No appearance
For Respondent : Mr.J.Yogeswaran
Crl.A.(MD)No.265 of 2021
K.P.Manoharan ... Appellant
versus
C.Durai Singam ... Respondent
1/5
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Crl.A.(MD)Nos.265 and 324 of 2021
Appeal filed under Section 378(3) of Cr.P.C. to call for the records
from the lower Court and set aside the Judgment passed in S.T.C.No.52 of
2017 dated 18.12.2019 on the file of the learned Judicial Magistrate – Fast
Track, Uthamapalayam, Theni District, by allowing this appeal and convict
the accused and order compensation as per the provision of the N.I. Act.
For Appellant : No appearance
For Respondent : Mr.J.Yogeswaran
COMMON JUDGMENT
These Criminal Appeals are arising out of the Judgments of acquittal
dated 18.12.2019 passed by the learned Judicial Magistrate, Fast Track
Court, Uthamapalayam, Theni District, in S.T.C.Nos.51 and 52 of 2017.
2. The appellants are wife and husband and they have filed separate
private complaint as against the respondent/accused before the learned
Judicial Magistrate, Fast Track Court, Uthamapalayam, in STC Nos.51 and
52 of 2017, for the offence punishable under Section 138 of the Negotiable
Instruments Act.
3. The case of the appellants is that the respondent borrowed a sum
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Crl.A.(MD)Nos.265 and 324 of 2021
of Rs.10,00,000/- each and to discharge the same, he has issued cheques and
when the same were presented before the Bank, they were returned as
“insufficient funds”. Therefore, they have filed complaints as against the
respondent/accused.
4. The trial Court, after full-fledged trial, found that there was no
legally enforceable debt in the complaints filed by the appellants and
accordingly, dismissed the complaints filed by the appellants, by Judgments
dated 18.12.2019. Challenging the same, the complainant in STC No.51 of
2017 has filed Crl.A.(MD)No.265 of 2021 and the complainant in STC No.
52 of 2017 has filed Crl.A.(MD)No.324 of 2021.
5. It appears that this Court, by order dated 30.06.2021, admitted
Crl.A.(MD)No.265 of 2021 and ordered notice to the respondent returnable
by 03.08.2021. When the above appeal was listed for hearing on
03.08.2021, the learned counsel for the appellant requested to list the appeal
along with Crl.A.(MD)No.324 of 2021. On his request, this Court directed
the Registry to list the appeal along with Crl.A.(MD)No.324 of 2021 on
13.08.2021. On that day, Crl.A.(MD)No.324 of 2021 was not listed along
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Crl.A.(MD)Nos.265 and 324 of 2021
with Crl.A.(MD)No.265 of 2021. Therefore, a further request was made by
the appellant. Thereafter, both the appeals were listed for final disposal on
18.03.2025. However, there was no representation for the appellants.
Therefore, these appeals were directed to be listed today under the caption
“For Dismissal”. The learned counsel for the respondent/accused was also
directed to inform the learned counsel for the appellants about the listing of
these appeals under the cpation “For Dismissal”.
6. Even today, there is no representation for the appellants.
Mr.Yogeswaran, learned counsel for the respondent/accused submits that he
has duly intimated about the order of this Court dated 18.03.2025 to the
learned counsel appearing for the appellants. It shows that the appellants
are not intersted in prosecuting the appeals.
7. Since the appellants are not interested in prosecuting the appeals,
both the Criminal Appeals are dismissed for default.
19.03.2025
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
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Crl.A.(MD)Nos.265 and 324 of 2021
B.PUGALENDHI, J.
ogy
Crl.A.(MD)Nos.265 and 324 of 2021
19.03.2025
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