Research › Search › Judgment

Madras High Court · body

2010 DIGILAW 5197 (MAD)

Shyam Narain v. Suresh

2010-11-29

T.SUDANTHIRAM

body2010
Judgment :- 1. The appellant herein is the complainant in C.C.No.9207 of 2001, on the file of the XIII Metropolitan Magistrate, Egmore. He had filed a complaint against the respondent under Section 200 Cr.P.C. r/w. 138 and 142 of Negotiable Instruments Act. 2. On 09.05.2002, the learned Magistrate passed an order acquitting the accused under Section 256 (1) Cr.P.C. for the reason that the complainant was not present before the Court. Challenging the said order, the appellant/Complainant had filed this Criminal Appeal. 3. Though the notice was ordered to the respondent, the notice could not be served on the respondent and a appellant had given a report stating that the accused is not available in the given address and he had vacated. The learned counsel for the petitioner is called absent on 26.11.2010 and even today, he is called absent. This Court had perused the materials on records. 4. The complaint was fled in the year 2001 and in the year 2002, evidence of P.W.1 was recorded in part. Thereafter, P.W.1, complainant did not appear before the Court. On 09.05.2002, learned Magistrate acquitted the accused for the absence of the complainant. This Court has not found any illegality in the order passed by the learned Magistrate. After lapse of eight years, this Court is of the view that no useful purpose would be served. Hence, this Criminal Appeal stands dismissed.