S.Arunachalam v. a.Yoganath

Crl.O.P.No.2065 of 2023 Crl.A.SR.589 of 2023

V. SIVAGNANAM, J.

This petition is filed to grant special leave to appeal against the order of dismissal of complaint dated 30.11.2022 made in S.T.C.No.247 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court, Tiruchengode.

1. The learned counsel for the petitioner submitted that the complainant filed a complaint against the respondent/accused for the offence punishable under section 138 of Negotiable Instruments Act. The learned trial judge dismissed the said complaint in STC.No.247 of 2017 stating that though the complainant appeared for the hearing on 15.09.2022, he did not appear thereafter for conducting the trial and inspite of giving final notice, calling for the appearance of the complainant on 01.11.2022, he stood absent for the hearing on 30.11.2022. Due to dismissal of the complaint under section 256 Cr.P.C, the accused was acquitted. He further submitted that the non appearance of the petitioner for the hearing before the trial court is neither wilful, nor wanton, but due to the serious health complications met out by the petitioner. Hence, he prefers to file an appeal against acquittal of the 1/1

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accused, for which, he seeks special leave of this Court to file appeal.

1. Heard the learned counsel for the petitioner and perused the materials placed on record.

1. Admittedly, the complainant/petitioner filed a complaint against