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2026 Supreme(Online)(Mad) 19783

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
Karolin – Appellant
Versus
M/S. Sriram Transport Finance Co. Ltd. – Respondent
Crl.M.P.No.3743 of 2023



A party's failure to actively pursue a case may result in dismissal for default.

Headnote:This judgment addresses a Criminal Original Petition under Section 482 of the Code of Criminal Procedure to quash proceedings in S.T.C.No.262 of 2021. The petitioner failed to proceed with the case for three years, resulting in insufficient engagement from the petitioner’s side. The court found no merits in granting further adjournments, upholding the dismissal of the petition for default due to lack of interest from the petitioner. "In view of the above, this Court is not inclined to grant any further adjournment." The petition is dismissed for default.

Table of Content
1. filing of criminal original petition (Para 1)
2. failure to advance case (Para 2)
3. court's disinclination for adjournment (Para 3)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.262 of 2021 on the file of the Judicial Magistrate No.I, 2.The matter was listed for admission on 16.03.2023 and at the request of the learned counsel for the petitioner, it was adjourned by two weeks. Thereafter, the petitioner did not take any steps to bring the matter for admission. The case has been pending for past three years without even ordering notice to the respondent. Even today, the learned counsel, who represents the counsel on record, seeks adjournment.

3.In view of the above, this Court is not inclined to grant any further adjournment, particularly when the matter has not even been admitted and no notice has been ordered to the respondent. It shows that the petitioner is not interested to proceed with the case.

4.Hence, this Criminal Original Petition is dismissed for default.

Consequently, connected miscellaneous petition is closed.

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