The High Court at Madras heard an appeal without the appellant's appearance on three dates and then labelled it for dismissal. On the listed date, the appellant still failed to appear. With the respondent present, the court dismissed the appeal for non-prosecution.
Criminal Appeal No.11 of 2015 dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.A.No.11 of 2015
IN THE HIGH Court OF JUDICATURE AT MADRAS
DATED : 12.10.2023
CORAM:
The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.A.No.11 of 2015
V.Murugavel
...Appellant / Complainant
-Vs-
1.M/s.Sakthiwin Garments, A Partnership Firm, Represented by its Partner M.Subramanian, Son of Muthusamy Gounder, No.28, LRG Layout Extension, Near Nachamman Trust Kalyana Mandapam, ABT Road, Karuvampalayam, Tiruppur - 4.
2.Thiru.M.Subramanian, Son of Muthusamy Gounder, No.28, LRG Layout Extension, Near Nachamman Trust Kalyana Mandapam, ABT Road, Karuvampalayam, Tiruppur - 4.
3.Tmt.S.Vanitha, Wife of M.Subramanian, Partner : M/s.Sakthiwin Garments, No.28, LRG Layout Extension, Near Nachamman Trust Kalyana Mandapam, ABT Road, Karuvampalayam, Tiruppur - 4. ...Respondents / Accused Nos.1 to 3
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Crl.A.No.11 of 2015
Prayer:- Criminal Appeal filed under Section 378 of the Criminal Procedure Code, 1973, to set aside the order of dated 25.07.2014 in S.T.C.No.202 of 2012 on the file of the learned Judicial Magistrate No.I, Tiruppur.
For Appellant : No appearance For Respondents : Mr.V.Vignesh
J U D G M E N T
When the case came up for hearing on earlier occasions, on 07.09.2023, 21.09.2023 and 05.10.2023, there was no representation on
behalf of the Appellant. The learned Counsel for the Respondents was present in Court. Hence, this Court directed the Registry to list the matter under the caption ''For Dismissal'' on 12.10.2023.
Dismissal'', there is no representation for the Appellant.
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Crl.A.No.11 of 2015
4.Since, there is no representation for the Appellant, this Court is left
with no other option except to dismiss the Petition for non prosecution.
prosecution .
12.10.2023
cda Index : Yes/No Speaking/Non-speaking order
To
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Crl.A.No.11 of 2015
SATHI KUMAR SUKUMARA KURUP, J.,
cda
Crl.A.No.11 of 2015
12.10.2023
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1 issue framed by the court
Whether a criminal appeal listed for dismissal in default of appellant's presence can be dismissed.
1 provisions across 1 enactments
V.Murugavel
M/s.Sakthiwin Garments, A Partnership Firm
M.Subramanian
S.Vanitha
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
