The court dismissed the criminal appeal filed by M. Mahalingam against an order reversing a judgment, holding that the appeal abated due to the death of the respondent S. Krishnakumar without proper substitution of legal heirs.
Criminal Appeal (Crl.A.No.414 of 2011) dismissed as abated.
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Crl.A.No.414 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.A.No.414 of 2011
M.Mahalingam ... Appellant
Vs.
1.Sri.Radhakrishnan Sizing Mills
Rep. by its Managing Partner
S.Krishnakumar
2.S.Krishnakumar ... Respondents
Prayer:
Appeal filed under Section 378 of Cr.P.C., against the judgment
in Crl.A.60 of 2009 on the file of the Additional District Court Cum Fast Track Court IV, Coimbatore @ Tirupur dated 16.07.2010 in reversing the well considered judgment in C.C.88 of 2005 on the file of the Judicial Magistrate, Avinashi dated 08.05.2009.
For Appellant : No Appearance For Respondents : Mr.R.Shivakumar for M/s.K.M.Vijayan Associates
J U D G M E N T
The learned counsel appearing for the respondents would
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Crl.A.No.414 of 2011
M.DHANDAPANI,J. pri
submit that the respondent namely, S.Krishnakumar passed away on 28.07.2017 and he also produced a copy of the death certificate. He would further submit that the petitioner has not taken any steps to bring the legal heirs of the deceased respondent on record. In view of the above, this criminal appeal is dismissed as abated.
04.02.2020 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Additional District Court Cum Fast Track Court IV, Coimbatore @ Tirupur. 2.The Judicial Magistrate, Avinashi. 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.
Crl.A.No.414 of 2011
04.02.2020
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1 issue framed by the court
Whether the second appeal abated due to the death of the respondent without substitution of legal heirs?
M. Mahalingam
S. Krishnakumar (Rep. by Sizing Mills)
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
