← Library
Madras High CourtCRL OP/4713/2017disposed of

Rajeswari, F/A 54 Years, v. P.Kumari Anandan, M/A 32 Years

2017-11-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.11.2017

CORAM

THE HONOURABLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.4713 of 2017 in Crl.A.No.SR.49558 of 2016 Rajeswari .... Petitioner Vs P.Kumari Anandan .... Respondent Petition filed under Section 378 (4) of Criminal Procedure Code to grant leave to file the Criminal Appeal against the Judgment made in STC.No.39 of 2011 on the file of the Judicial Magistrate, FTC at Dharmapuri on 09.09.2016.

For Petitioner :

M/s.V.Sakkarapani

O R D E R

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

2. The complainant initiated a prosecution in STC.No.39 of 2011 against the accused for the offence under Section 138 of the Negotiable Instruments Act, in which, the accused was acquitted on 09.09.2016 by the learned Judicial Magistrate, FTC at Dharmapuri. Aggrieved by which, the complainant has preferred the present appeal against the order of acquittal and seeking special leave to file a Criminal Appeal.

3. Notice has not been served on the accused. 4.

In view of the judgment of Full Bench of this Court in S. Ganapathy vs N. Senthilvel [(2016) 3 MLJ (Crl) 641 (FB)], the Registry is directed to send the records to the Court of the Principal District and Sessions Judge, Dharmapuri, after taking photocopy of the file, within a period of four weeks from the date of receipt of a copy of this order.

5.

The complainant is directed to appear before the learned Principal District and Sessions Judge, Dharmapuri, at 10.30 a.m. on 04.12.2017 With the above direction, the criminal original petition is disposed of. Consequently , Criminal Appeal SR No.49558 of 2016 is closed.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR https://hcservices.ecourts.gov.in/hcservices/

TO.

1. Judicial Magistrate, Fast Track Court, Dharmapuri

2. The Principal District and Sessions Judge, Dharmapuri.

Copy to:

The Section Officer, Criminal Section, High Court, Madras.

+1 CC to M/s.V.Sakkarapani Advocate SR.NO.78185 Crl.O.P.No.4713 of 2017 in Crl.A.No.SR.49558 of 2016 VC (20/11/2017)] https://hcservices.ecourts.gov.in/hcservices/