Madras High CourtCRL A/107/2015dismissed

S.Veerubommu v. M.Jagenmohan

2024-08-01Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.11.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.A.No.107 of 2015 S.Veerubommu ...

Appellant/Complainant Vs M.Jagenmohan ...

Respondent/Accused Prayer:- Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to set aside the order of acquittal of the respondent/accused dated 06.12.2014 passed by the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai, in C.C.No.114 of 2002, remit the case of the trial Court by directing the trial Court to give an opportunity to the appellant to prosecute his case.

For Appellant :

Mr.C.S.Dhanasekaran

JUDGMENT

For the sake of convenience, the appellant and the respondent will be referred to as the complainant and the accused respectively.

2.The complainant has initiated a prosecution in C.C.No.114 of 2002 against the accused for the offence under Section 138 of the Negotiable Insturments Act, in which, the learned Metropolitan Magistrate, Fast Track Court No.IV,George Town, Chennai, had acquitted the accused on 06.12.2014. Hence, the complainant has filed the present appeal against the order of acquittal before this Court.

3.Heard the learned counsel appearing for the complainant. 4.In view of the Judgment of the Full Bench of this Court in S.Ganapathy Vs. N. Senthilvel [(2016) 3 MLJ (Crl) 641 (FB)], this Court has no jurisdiction to entertain this appeal and therefore, the Registry is directed to transmit all the papers to the Principal Judge, City Civil Court, Chennai, within a period of four weeks from the date of receipt of a copy of this order, after retaining the photo copies of the papers on file. https://hcservices.ecourts.gov.in/hcservices/

The complainant shall appear before the Principal Judge, City Civil Court, Chennai, on 22.12.2017 at 10.30 a.m. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mps To 1.The Principal Judge, City Civil Court, Chennai.

2.The Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai.

3.The Section officer, criminal section, high court madras 104.

+1cc to Mr.G.MOORTHI Advocate, S.R.No. 81852/17 Crl.A.No.107 of 2015 KGK(CO) TR(19/12/2017) https://hcservices.ecourts.gov.in/hcservices/