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2016 Supreme(Mad) 4069

M.VENUGOPAL
SAKTHIVEL – Appellant
Versus
SUBRAMANIYAN – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. Sounthar, Advocate
For the Respondent:M/s. Jayasree Baskar, Advocate

JUDGMENT :

M. Venugopal, J.

The Appellant/Complainant has preferred the instant Criminal Appeal as against the Order of Acquittal passed in S.T.C. No.6/2007 dated 04.04.2016 by the Learned Judicial Magistrate No.II, Chidambaram.

2. The Learned Judicial Magistrate No.II, Chidambaram, while passing the impugned order on 04.04.2016 in S.T.C. No.6/2007, at paragraph 2 had observed the following:

"2. The Complainant called absent and no representation for third time at 4.25 PM., Accused absent. Petition filed and allowed. For the past Ten Years the case had been pending for the complainant's evidence only on 12.12.2015, the complainant's side evidence was closed, so this Court thinks that the complainant has no interest to conduct the case and did not co-operate to the court for the past ten years. The complainant is not appeared and also the counsel of complainant, hence this case is dismissed U/s.256 of CrPC. The accused is acquitted."

3. Assailing the Validity and Legality of the Order of Acquittal dated 04.04.2016, in S.T.C. No.6/2007 passed by the trial Court, the Appellant/Complainant has preferred the present Criminal Appeal primarily by taking a plea that the complaint was taken on f
























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