IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 29-11-2010 CORAM THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM Crl.A.No.1320 of 2002 Shyam Narain ... Appellant/Complainant Prop.M/s.Lakshmi Narain Finances & Investments, Chennai-600 002. Versus Suresh ... Respondent/Accused Appeal filed under Section 138 and 142 of Cr.P.C. against the order of acquittal passed by the learned XIII Metropolitan Magistrate Egmore, Chennai-600 008 in C.C.No.9207/01 by an order dated 09.05.2002 dismissing the complaint and acquitting the Respondent/Accused under Section 256(1) of Cr.P.C. For Appellant :Mr.No appearance JUDGMENT 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 reocrds. 3.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 https://hcservices.ecourts.gov.in/hcservices/ 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. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar arr To: 1.The XIII Metropolitan Magistrate Egmore, Chennai-600 008. 2.-do- Thro The Chief Metropolitan Magistrate, Egmore, Chennai-8. 3.The Section Officer, V.R.Section, High Court, Madras. Crl.A.No.1320 of 2002 VD {CO} TP/12.1.2011. https://hcservices.ecourts.gov.in/hcservices/