Defacto complainant sought condonation of 404 days' delay in filing an appeal against dismissal of his cheque-dishonour complaint for non-prosecution. The court found the reasons vague and unbelievable and dismissed the petition, rejecting the appeal at the SR stage.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.M.P.No.6841 of 2024 in Crl.A.No.(Sr) 21223 of 2024
S.Senthilnathan ...Petitioner
Vs.
B.Subashini ...Respondent
PRAYER in Crl.MP.No.6841 of 2024: Criminal miscellaneous petition has been filed under Section 5 of Limitation Act, to condone the delay of 404 days in preferring the Criminal Appeal before this Court against the judgment dated 11.08.2022 in CC.No.5086 of 2016 on the file of the Metropolitan Magistrate, FTC-I, Egmore, Allikulam, Chennai.
PRAYER in Crl.A.SR.No.21223 of 2024: Criminal Appeal has been filed under Section 378(4) of Cr.P.C., to set aside the judgment dated 11.08.2022 in CC.No.5086 of 2016 on the file of the Metropolitan Magistrate, FTC-I, Egmore, Allikulam, Chennai.
For Petitioner : Mr.K.Arunprasad
For Respondent : Mr.Rajesh Vivekananthan
ORDER
The petitioner/defacto complainant has filed this petition to condone the delay of 404 days in preferring the Criminal Appeal before this Court against the judgment dated 11.08.2022 in CC.No.5086 of 2016 on the file of the Metropolitan Magistrate, FTC-I, Egmore, Allikulam, Chennai.
the present petition has been filed to condone the delay of 404 days in filing the appeal.
who appeared before the lower court on behalf of the petitioner, has not informed about the stage of the case and he was unable to pay batta in time. Further the petitioner fell in sick due to typhoid fever and admitted as on inpatient in immobile condition. Hence, the learned counsel prays to allow this petition.
consequently, the appeal is rejected at the SR stage itself.
04.07.2024
rli
To
The Metropolitan Magistrate, FTC-I, Egmore, Chennai.
M.DHANDAPANI,J.
Rli
Crl.M.P.No.6841 of 2024 in Crl.A.No.(Sr) 21223 of 2024
04.07.2024
1 issue framed by the court
Whether the delay of 404 days in filing a criminal appeal against dismissal for non-prosecution should be condoned.
4 provisions across 3 enactments
S.Senthilnathan
B.Subashini
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
