Madras High CourtCRL A/144/2006disposed of

M/S.Shriram Transport v. Mohammed Farook

2017-12-05Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2017 CORAM :

THE HON'BLE MRS.JUSTICE R.HEMALATHA Crl. A. No. 144 of 2006 M/s. Shriram Transport Finance Company Limited Rep. By its Senior Executive.

Appellant /Vs/ Mohammed Farook ..

Respondent Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to set aside the order of acquittal of the respondent/accused dated 02.12.2005 in C.C.No.146 of 2004 before the learned Judicial Magistrate-I, Coimbatore.

For Appellant :

M/s.C.D.Johnson For Respondents :

No appearance.

JUDGMENT

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

2. The complainant initiated prosecution in C.C.No.146 of 2004 before the learned Judicial Magistrate-I, Coimbatore for an offence under Section 138 of the Negotiable Instruments Act, 1881 against the accused, in which, the accused was acquitted by Judgment dated 02.12.2005 aggrieved by which, the complainant is before this Court.

3. In view of the Judgment of a Full Bench of this Court in S.Ganapathy v. 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 relating to this appeal to the learned Principal District Judge, Coimbatore, within a period of six weeks from the date of receipt of a copy of this order, after retaining the photocopies of the same on file.

4. The complainant and the accused are directed to appear before the learned Principal District Judge, Coimbatore, on 17.01.2018 at 10.30 a.m.

5. A perusal of the records shows that though notice has been issued to the accused, the accused has not received the same. Therefore, the learned Principal District Judge, Coimbatore is directed to issue notice to the accused, if he has not been served so far and does not turn up on 17.01.2018.

6. Since this matter pertains to the year 2004, the learned Principal District Judge, Coimbatore is directed to dispose of the matter as expeditiously as possible.

7. With the above directions, Crl.A No.144 of 2006 is disposed of. 05.12.2017 Speaking/Non speaking order Index : Yes/No Internet : Yes/No ksa To

1. The Judicial Magistrate-I, Coimbatore.

2. The Principal District Judge, Coimbatore.

3. The Public Prosecutor, Madras High Court, Chennai.

R. HEMALATHA, J.

ksa Crl. A. No. 144 of 2006 05.12.2017