C. Mariyappa, v. Madhavan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Criminal Appeal No.456 of 2016 C.Mariyappa .. Appellant/Complainant

Versus

Madhavan .. Respondent/Accused Criminal Appeal filed under Section 378 of Criminal Procedure Code, to call for the records pertaining to the judgment dated 31.07.2014 passed by the learned Judicial Magistrate, Fast Track Court, Hosur, in S.T.C.No.212 of 2013 acquitting the respondent under section 138 of Negotiable Instruments Act and set aside the same.

For Appellant : Mr.A.Balamurugan For Respondent: No appearance JUDGEMENT This Criminal Appeal has been preferred against the order passed by the learned Judicial Magistrate, Fast Track Court, Hosur, in S.T.C.No.212 of 2013, dated 31.07.2014. 2.This appellant has set the law in motion by filing a private complaint against the respondent for the alleged offence punishable under Section 138 of Negotiable Instruments Act, before the Court below. After the trial, the Trial Court has acquitted the accused.

3.Having aggrieved by the said acquittal, the appellant, who is the complainant/victim of the crime invoking section 378 of the Criminal Procedure Code, 1973 have preferred this appeal directly to this Court.

4.This kind of appeals preferred before this Court invoking Section 378 of the Code, arising out of acquittal, directly from the Trial Court, without approaching the first Appellate/Sessions Court in view of the amendment made to Section 372 of Criminal Procedure Code, have been dealt with by this Court, in a batch of cases, in the matter of Shanmugasundaram Vs. S.Mani (2017) 3 MLJ(Crl.) 591. 5.In the said judgment, following the decision of the Full Bench of this Court dated 05.04.2016, reported in the matter of S.Ganapathy V. N.Senthilvel(2016) 4 CTC 119: (2016) 3 MLJ (Crl) 641, this Court has directed that, those appeals be transferred to the concerned Principal Sessions Courts with a further direction either to try and dispose of the appeals

or to transfer the same to the Additional Sessions Courts for disposal in accordance with the provision under Section 372 of the Code.

6.In view of the said Full Bench judgment of this Court, followed by the aforesaid judgment in Shanmugasundaram Vs. S.Mani (2017) 3 MLJ(Crl.) 591, this appeal also to be transferred to the concerned Principal District and Sessions Court, for appropriate action.

7.In view of the said judgment of the Full Bench as well as the other two orders of the learned respective single Judges and the order passed in Shanmugasundaram Vs. S.Mani case (cited supra), and also in view of the submissions made by the counsel appearing for the appellant, this Court is inclined to dispose of this appeal in the following terms: (i)This criminal appeal is disposed of, along with connected original petitions and miscellaneous petitions (if any), by transferring the same to the concerned Principal Sessions Court;

(ii)On receipt of the transferred case, it is for the Sessions Court to take up and dispose the appeal or make over the same to the Additional Sessions Court for disposal, in accordance with law.

(iii)Before taking up the appeal by the Sessions Court concerned, due notices be served on both parties;

(iv)Since this appeal is pending from the year 2016 before this Court, priority can be given to this appeal for disposal, and accordingly, this appeal can be disposed of as expeditiously as possible.

8.Registry is directed to send the entire case bundle with all connected records of the lower Court, if any received, to the concerned Sessions Court forthwith. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rm

To 1.The Judicial Magistrate, Fast Track Court, Hosur.

2.The Principal Sessions Judge, Hosur.

3.The Public Prosecutor, High Court, Madras.

4.The Section Officer, Criminal Section, High Court, Madras.

(To send back the case bundle to the Sessions Court) sm:23.2.2018 Criminal Appeal No.456 of 2016