M JAYABAL Vs. C P MANIVEL

JUDGEMENT

(1.) This Criminal Appeal is filed to set aside the order of acquittal by the Judgment dated 20.09.2007 made in S.T.C.No.437 of 2005 on the file of the Judicial Magistrate Court No.I, Tirupur and convict the respondent herein of the offence under Section 138 of the Negotiable Instrument Act.

(2.) This case was taken up on special sitting, Saturday i.e. on 23-06-2018, prior to which advance list has been printed and circulated in the cause list for a period of two weeks. On the day of special sitting, when the case was called up both petitioner and respondent had not appeared. It is a case of the year 2008, pending for more than 10 years, without any progress. This appeal is against the order of judgment of acquittal rendered by the learned Judicial Magistrate No.I, Tiruppur in STC No.437 of 2005 dated 20-9-2007. Hence, considering the inordinate delay and it is be found from the records that both petitioner and respondent have not appeared even when the case was referred to Mega Lok Adalath and further, adjourning the case will be of no purpose. Hence, on perusal of the records, this Court proposes to take up the appeal and dispose the same on merits.

(3.) The above appeal is filed by the appellant, who is the complainant in STC No.437 of 2005 against the judgment of acquittal in a case filed under Section 138 Negotiable Instruments Act rendered by the learned Judicial Magistrate No.I, Tiruppur on 20-09-2007. The respondent is the accused before the trial court.