Madras High CourtCRL A/530/2015transfer cases

Mr.Vinod Kumar Rep By His v. M/S Saijayani Housingpromotors

2019-04-30Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.04.2019

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.A.Nos.530 & 531 of 2015 Vinod Kumar ... Appellant/Complainant in Crl.A.No.530 of 2015 Nirmala Kothari ... Appellant/Complainant in Crl.A.No.531 of 2015 Vs.

1.M/s.Saijayani Housing Promoters Private Limited, Represented by Mr.Senthil Kumaran 2.Mr.Senthil Kumaran, Managing Director, M/s.Saijayani Housing Promoters Private Limited. ... Respondents/Accused in both Crl.A.Nos Common Prayer: Criminal Appeal has been filed under Section 378

(4) of Criminal Procedure Code praying to set aside the judgment dated 04.09.2012 passed in C.C.Nos.4449 of 2009 and 4465 of 2009 respectively by the VIII Metropolitan Magistrate, George Town, Chennai.

For Appellant in both Crl.As : Mr.M.Aravind Kumar For Respondents in both Crl.As : No appearance COMMON JUDGMENT The learned counsel for the appellants is present in both cases. There is no representation for the respondents.

2. In view of the judgment passed by the Full Bench of this Court in Ganapathy Vs. N.Senthilvel reported in 2016 MWN Crl 321 FB, and in view of the proviso to Section 372 Cr.P.C., the complainants who have preferred these appeals aggrieved by the order of acquittal passed by the VIII Metropolitan Magistrate, https://hcservices.ecourts.gov.in/hcservices/

George Town, Chennai are entitled to prefer appeal before the Principal Sessions Court, Chennai.

3. Hence, the Registry is directed to transfer the matters to the Principal Sessions Court, Chennai. The Principal Sessions Court, Chennai shall take up the matters and number it as appeal and disposed of the cases on merits and in accordance with law, after causing notice to the parties concerned.

4. Accordingly, these Criminal Appeals are disposed of. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpl To 1.The VIII Metropolitan Magistrate, George Town, Chennai. 2.Do through The Chief Metropolitan Magistrate, Chennai. 3.The Principal Sessions Judge, Chennai Copy To: The Section Officer, Criminal Section, High Court, Madras.

Crl.A.Nos.530 & 531 of 2015 CSL/04.07.2019 https://hcservices.ecourts.gov.in/hcservices/