Madras High CourtCRL A/254/2015disposed of

M/S.Madhura Polymes Pvt.Ltd. v. S.Suresh

2017-11-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.11.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.A.No.254 of 2015 M/s.Madhura Polymers Pvt Limited, No.3E/3L, Madura Apartments, III Floor, 23-A,North Boagh Road, T.Nagar, Chennai-600 002.

rep.by its Managing Director Mr.M.Elango ...

Appellant Vs S.Suresh ...

Respondent Prayer:- Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to set aside the order of acquittal dated 26.02.2015 in C.C.No.7006 of 2014 on the file of the learned Metropolitan Magistrate, Fast Track Court (Magisterial LevelII), Egmore, Chennai. For Appellant :

Mr.A.Thiyagarajan

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.7006 of 2014 against the accused for the offence under Section 138 of the Negotiable Insturments Act, in which, the learned Metropolitan Magistrate, Fast Track Court (Magisterial Level-II), Egmore, Chennai, has dismissed the complaint on the ground that the complainant was not interested in prosecuting the case properly. Aggrieved over the same, the complainant has filed the present appeal 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 https://hcservices.ecourts.gov.in/hcservices/

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. The complainant shall appear before the 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 (Magisterial Level-II), Egmore, Chennai.

3. The Section officer, criminal Section, High court, chennai 104.

+1cc to Mr.A.THIAGARAJAN Advocate, S.R.No. 83219 Crl.A.No.254 of 2015 RK(CO) TR(14/12/2017) https://hcservices.ecourts.gov.in/hcservices/