Madras High CourtCRL A/163/2015disposed of

M/S.G.V.Films Ltd., Rep.By v. M/S.Golden Square Films (P)

2017-11-22Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.11.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.A.No.163 of 2015 M/s.G.V.Films Limited represented by its Director Mr.P.Raghuraman, F-O, Whispering Heights, No.132, St. Marys Road, Chennai-600 018.

...

Appellant Vs 1.M/s.Golden Square Films P Ltd., represented by its Director Mrs.Sharada Ramanathan, "Fantasia", No.26, Vijayalakshmi Street, Mahalingapuram, Chennai-600 034.

2.Mr.Sharada Ramanathan,, Director, M/s.Golden Square Films P Ltd., "Fantasia", No.26, Vijayalakshmi Street, Mahalingapuram, Chennai-600 034.

...

Respondents Prayer:- Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to call for the records in C.C.No.2939 of 2010 and set aside the order dated 30.10.2010 on the file of the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Chennai-600 008 and convict the accused under Section 138 of the Negotiable Instruments Act.

For Appellant :

Mr.Rugan For Respondents :

Ms.Geetha Ramaseshan for R2

JUDGMENT

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

2.The complainant has initiated a prosecution in C.C.No.2939 of 2010 against the accused for the offence under Section 138 of Negotiable Instrument Act, in which, the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Chennai, had acquitted the accused by judgment on 30.10.2010, challenging which, the complainant has preferred the present appeal against the order of acquittal.

3.Heard the learned counsel appearing on either side. 4.In view of the judgment of a 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 relating to this case to the Court of the learned Principal Judge, City Civil Court, Chennai, after taking a photocopy of the records, within a period of four weeks from the date of receipt of a copy of this order.

The complainant and the respondents are directed to appear before the learned Principal Judge, City Civil Court, Chennai, on 05.01.2018 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.II, Egmore, Chennai.

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

Crl.A.No.163 of 2015 RK(CO) TR(14/12/2017)