The Single Judge dismissed the criminal appeal preferring a brief note that the appellant, having also failed to pay process during the appeal stage, warranted no interference with the lower court order dismissing the complaint for non-prosecution.
The criminal appeal is dismissed; miscellaneous applications, if any, stand closed.
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JUSTI CE T. RAJANI
CRI MI NAL APPEAL No.5 1 5 of 2 0 0 7
JUDGMENT:
This appeal is preferred by the appellant against the order of the Chief Metropolitan Magistrate, Visakhapatnam in Cc.No.204 of 2005 dated 31.07.2006 whereby the complaint filed by the appellant is dismissed for non-prosecution, as process was not paid by the complainant.
In the result, the criminal appeal is dismissed. As a sequel, the miscellaneous applications, if any pending, shall stand closed.
T. RAJANI, J
August 23, 2018/ DSK
2 issues framed by the court
Whether the dismissal of the complaint for non-prosecution due to non-payment of process warrants interference in appeal where the appellant also failed to pay process during appeal hearing.
Whether the court below should have granted another opportunity to the appellant given the mistaken adjournment date.
JUDICE T. RAJANI
SECOND RESPONDENT
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
