For the sake of convenience, the petitioner and the respondent will be referred to as the complainant and the accused respectively.
2. The complainant presented the complaint in January 2012 against the accused under Section 138 of the Negotiable Instruments Act, 1881 before the learned XXIII Metropolitan Magistrate, Saidapet, Chennai. After having presented the complaint, the complainant did not appear before the Magistrate for recording his own statement. Therefore, the Magistrate was not able to assign calendar case number to the complaint and instead, the Magistrate had to assign M.P.No.5242 of 2013. Ultimately, the learned Magistrate, by order dated 11.03.2014 in M.P.No.5242 of 2013, dismissed the complaint as follows:
"Complainant absent. Counsel called absent. No representation till 5.00p.m. Sufficient opportunities granted no response. The complainant did not come forward to progress the case. It appears that he has no interest to proceed further of the complaint.
Hence, in the interest of justice this complaint is hereby dismissed for the non-prosecution. The accused is discharged."
3. Thereafter, the complainant has filed the present appeal against acquittal with a delay of 57 days. In the affidavit dated 08.07.2014 filed in support of the condone delay application, the complainant has stated as follows:
I respectfully submit that due to my illness of health I cold not able to contact my counsel, hence, I was unable to prefer the appeal within time.
4. Explanation offered by the petitioner is very vague and unacceptable. Every accused has a fundamental right of speedy trial guaranteed by
Article 21 of the Constitution of India. The complainant has filed the complaint in January 2012 and did not appear before the trial court at all. After the dismissal of the complaint, the complainant has filed the present appeal with a delay petition. In such view of the matter, this petition is devoid of merits and the same is accordingly dismissed. Connected Crl.A.Sr.No.51451 of 2012 is closed.
20.11.2017 smi To,
1. The Principal District and Sessions Judge, Chennai.
2.The XXIII Metropolitan Magistrate, Saidapet,Chennai.
P.N.PRAKASH, J.
smi M.P.No. 1 of 2014 in Crl.A.Sr.No.31321 of 2014 20.11.2017