Gowri v. a.Kathirvel
Case brief
What is this about?
This is a criminal appeal against an acquittal under the Negotiable Instruments Act. The High Court dismissed the appeal because the respondent/accused had died, noting that the appeal did not survive consideration. No appearance was made by the appellant.
What did the court decide?
The Criminal Appeal was dismissed due to the death of the respondent/accused.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.08.2017
Coram:
The Honourable Mr. Justice C.T. Selvam
Criminal Appeal No. 36 of 2009
Gowri
W/o. Dheenadayalan
...Appellant/Complainant
Versus
A. Kathirvel
S/o. Amalraj
...Respondent/Accused
This Criminal Appeal is filed under Section 378 of the
Criminal Procedure Code praying to set aside the order of acquittal in
C.C.No.2690/2007 dated 17.12.2008 passed by the learned XV
Metropolitan Magistrate, George Town, Chennai.
For Appellant : No Appearance For Respondent : Mr. P. Muruga
2
J U D G M E N T
This appeal arises against the judgment in C.C.No.2690/2007 dated 17.12.2008 passed by learned XV Metropolitan Magistrate, George
Issues for consideration
2 issues framed by the court
Whether the Criminal Appeal survives for consideration after the death of the respondent/accused.
Whether to dismiss the appeal on the ground of non-survival.
Parties & counsel
- appellant
Gowri
- respondent
A. Kathirvel
Coram
C.T. Selvam
Case details
As recorded by the court registry
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