The appellant preferred a criminal appeal under Section 378 Cr.P.C. challenging an acquittal in a cheque dishonour case. The court noted the appellant was deceased and legal heirs were not brought on record, resulting in dismissal as abated.
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Crl.A.(MD).No.170 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 03.09.2024
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.A.(MD).No.170 of 2014
Sidhan
... Appellant/Complainant
Vs.
P.Loganathan ... Respondent/Accused
Prayer: Criminal Appeal has been preferred under Section 378 Cr.P.C., to set aside the Judgment of the Judicial Magistrate No.II, Trichy, in S.T.C.No. 259 of 2011, dated 28.01.2013.
For Appellant : Mr.R.Rajaraman For Respondent : Mr.M.Pitchaimuthu
J U D G M E N T
This Criminal Appeal has been filed by the appellant against the
Judgment of acquittal passed by the learned Judicial Magistrate No.II, Trichy, in S.T.C.No.259 of 2011, dated 28.01.2013.
2.A private complaint under Section 200 Cr.P.C. was filed by the
appellant herein against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, before learned Judicial Magistrate No.II, Trichy. It was taken cognizance in S.T.C.No.259 of 2011. https://www.mhc.tn.gov.in/judis 1/3
Crl.A.(MD).No.170 of 2014
By the Judgment, dated 28.01.2014, the trial Court found that the offence under Section 138 of the NI Act has not been established by the appellant herein, beyond the reasonable doubt and thereby acquitted the accused. Against which, originally revision was preferred and later converted into criminal appeal.
3.At the time of hearing, it was brought to the notice of this Court
that the appellant is reported to be dead. So posted for steps. Even after several adjournments, no steps have been filed by the appellant. Since the appeal is preferred against the judgment of acquittal and since the legal heirs are not brought on record, the appeal is dismissed as abated.
03.09.2024
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Crl.A.(MD).No.170 of 2014
G.ILANGOVAN, J
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Crl.A.(MD).No.170 of 2014
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2 provisions across 2 enactments
Sidhan
P.Loganathan
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
