J.Suresh Raja v. A.Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2017

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.A.510 of 2015 J.Suresh Raja ..Appellant Vs.

A.Balaji ..Respondent Criminal Appeal filed under Section 378 (2) of the Code of Criminal Procedure against the order of acquittal dated 28.04.2015 made in STC No.92 of 2014 on the file of Judicial Magistrate (Fast Track Court), Tiruchengode and to set aside the same.

For Appellant : Mr.C.S.Saravanan For Respondent : Mr.P.Mani

J U D G M E N T

For the sake of convenience, the appellant and the respondent are referred to as complainant and accused.

2. The complainant initiated a prosecution in STC No.92 of 2014 before the Judicial Magistrate (Fast Track Court), Tiruchengode for an offence under Section 138 of the Negotiable Instruments Act against the accused, in which, the accused was acquitted by order dated 28.04.2015, aggrieved by which, the complainant is before this Court.

http://www.judis.nic.in

P.N.PRAKASH, J.

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3. In view of the judgment of a Full Bench of this Court in S.Ganapathy v. N.Senthilvel [(2016) 3 MLJ (Crl.) 641 (FB)], this Court has no jurisdiction to entertain the appeal and therefore, the Registry is directed to transmit all the papers to the learned Principal District and Sessions Judge, Namakkal, within a period of four weeks from the date of receipt of a copy of this order, after retaining the photocopies of the papers on file.

4. The complainant and the accused are directed to appear before the learned Principal District and Sessions Judge, Namakkal, on 22.01.2018 at 10.30 a.m.

With the above direction, this criminal appeal is disposed of. 05.12.2017 gms To

1. The Judicial Magistrate (Fast Track Court), Tiruchengode.

2. The Principal District and Sessions Judge, Namakkal. Crl.A.No.510 of 2015 http://www.judis.nic.in