R.Muthusamy v. V.Duraisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2017

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.A.377 of 2016 R. Muthusamy ..Appellant Vs.

V. Duraisamy ..Respondent Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to call for the entire records relating to the order of acquittal passed dated 21.02.2015 in S.T.C.No.140 of 2012 on the file of Fast Track Court, Judicial Magistrate, Attur, and set aside the said order and convict the respondent for the offences u/s.138 of Negotiable Instrument Act. For Petitioner : Mr. P. Jagadeesan For Respondent : Mr. N. Sudharsan

O R D E R

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

2. This appeal has been filed by the complainant against the acquittal of the accused in S.T.C.No.140 of 2012 on 21.02.2015 by the Judicial Magistrate, Fast Track Court, Attur, for the offences u/s.138 of the Negotiable Instruments Act.

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P.N.PRAKASH, J., bri/gms

3. Heard the learned counsel for the complainant and the learned counsel for the accused.

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 District and Sessions Judge, Salem, 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.

5. The complainant and the accused shall appear before the Principal District and Sessions Judge, Salem, on 6th November 2017, at 10.30 a.m. With the above direction, this criminal appeal is disposed of. 04.10.2017 Index:yes/no bri/gms NOTE TO OFFICE: Issue by 05.10.2017 To 1.The Principal District and Sessions Judge, Salem. 2.Fast Track Court, Judicial Magistrate, Attur. Crl.A.No.377 of 2016 (1/2) http://www.judis.nic.in