This criminal appeal under Section 378 CrPC against an acquittal in a Section 138 NI Act case was disposed of. The respondent died during pendency. The court abated the appeal under Section 394 CrPC, noting the absence of the appellant despite no appearance.
The criminal appeal stands closed as abated under Section 394 of the Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2019
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Crl.A.No.38 of 2003
Mrs.V.K.Subramaniam & Brothers, rep. By its Partner V.K.Mohana Sundaram
... Appellant Vs. M.S.Natarajan Proprietor M/s.Nutex Fabrcs, 18, Dr.Radhakrishnan Nagar, 2nd Street, Old Washermenpet, Madras-21. ... Respondent
PRAYER: This Criminal Appeal has been filed under Section 378 of the Criminal Procedure Code, against the Judgment passed in Crl.A.No.149/2001 dated 26.04.2002, by the learned III Additional Sessions Judge, Chennai setting aside the judgment of conviction under section 138 of the Negotiable Instruments Act passed in C.C.No.6692 of 1996 by order dated 09.07.2001 on the file of the XV Metropolitan Magistrate Court, George Town, Chennai.
For Appellant : No Appearance For Respondent : Mr.Ramesh Kumar Chopra
JUDGMENT
This Criminal Appeal has been filed by the Appellant against the Judgment passed in C.A.No.149/2001 dated 26.04.2002, by the learned III Additional Sessions Judge, Chennai, setting aside the judgment of conviction under section 138 of the Negotiable Instruments Act and the sentence of one year simple imprisonment and fine of Rs.5,000/- passed in C.C.No.6692 of 1996 by order dated 09.07.2001 on the file of the XV Metropolitan Magistrate Court, George Town, Chennai.
2.When the matter is taken up today, there is no representation on behalf of the appellant.
3.Mr. Ramesh Kumar Chopra, learned counsel representing the respondent would submit that the respondent/accused was convicted by the trial Court and upon the appeal filed by him,
the Lower Appellate Court set-aside the judgment of conviction and acquitted him and against the judgment of acquittal, the present appeal has been filed by the appellant/complainant.
4.He would further submit that during pendency of the appeal against acquittal, the respondent has passed away on 21.02.2019. He has furnished a copy of the Death Certificate of M.S.Natarajan, issued by the Greater Chennai Corporation dated 17.03.2019.
5.Recording the same, the criminal appeal stands closed as abated as per section 394 of Cr.P.C.
Sd/-
Assistant Registrar(CS-V)
//True copy//
Sub Assistant Registrar
jrs
To
1.The III Additional Sessions Judge, Chennai.
2. -do-Through The Principal Sessions Judge, Chennai.
3.The XV Metropolitan Magistrate Court,
George Town, Chennai.
4. -do-Through The Chief Metropolitan Magistrate,
Egmore, Chennai.
Copy To
The Section Officer,
Criminal Section, High Court, Madras.
Crl.A.No.38/2003
SV(CO) GMY(23/09/2019)
3 issues framed by the court
Whether the criminal appeal stands abated due to the death of the respondent.
Application of Section 394 of the Cr.P.C. to the present proceedings.
Whether the absence of counsel for the appellant affects the disposal of the appeal.
3 provisions across 2 enactments
Mrs.V.K.Subramaniam & Brothers, rep. By its Partner V.K.Mohana Sundaram
M.S.Natarajan Proprietor M/s.Nutex Fabrcs
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
