S P KANNAN Vs. P BHANUMATHY

JUDGEMENT

(1.) This Criminal Appeal is filed to set aside the Judgment dated 01.04.2008 made in Crl.A.No.47 of 2008 passed by the III Additional Sessions Judge, Chennai.

(2.) When this case was taken up on special sitting, Saturday i.e. on 27.10.2018, there was no representation for the respondent/appellant, prior to which advance list has been printed and circulated in the cause list. On the day of special sitting, when the case was called up both the petitioner and the respondent had not appeared. It is the case of the year 2008 pending for more than ten years, without any progress. This appeal is against the Judgment dated 01.04.2008 made in Crl.A.No.47 of 2008 passed by the III Additional Sessions Judge, Chennai. Hence, on perusal of the records, this Court proposed to take up the appeal and dispose the same on merits. Further, keeping the case pending would serve no purpose.

(3.) The appellant, who is the complainant in a case filed under Section 138 of the Negotiable Instruments Act against the respondent before the XVII Metropolitan Magistrate Court, Saidapet, Chennai in C.C.No.3624 of 2010, which ended in acquittal vide Judgment dated 01.04.2008 made in Crl.A.No.47 of 2008 passed by the III Additional Sessions Judge, Chennai had filed this appeal.