Madras High CourtCRL A/697/2016dismissed

M.Durai, 40 Years v. R.Kalaiselvan

2025-10-23Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.11.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.A.Nos.697, 698 and 794 of 2016 M.Durai ... Appellant in all the appeals/ Complainant Vs R.Kalaiselvan ... Respondent in all the appeals/ Accused Prayer:- Criminal Appeals filed under Section 378 of the Code of Criminal Procedure to set aside the Judgment of acquittal of the accused made in STC.No.350, 351 and 301 of 2015 on the file of the learned Judicial Magistrate, Fast Track Court No.I, Erode, dated 11.01.2016.

For Appellant :

Mr.A.K.Kumarasamy (in all) for Mr.Kaithamalaikumaran For Respondent : Mr.I.C.Vasudevan (in all) COMMON 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 prosecution in STC.No.350, 351 and 301 of 2015 against the accused for the offence under Section 138 of the Negotiable Insturments Act, in which, the learned Judicial Magistrate, Fast Track Court No.I, Erode, had acquitted the accused on 11.01.2016. Hence, the complainant has filed the present appeals against the order of acquittal before this Court.

3.Heard the learned counsel appearing for the complainant and the learned counsel appearing for the respondent. 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 these appeals and therefore, the Registry is directed to transmit all the papers to the Principal District Judge, Erode, within a period of four weeks from the date of receipt of a copy of this order, after https://hcservices.ecourts.gov.in/hcservices/

retaining the photo copies of the papers on file. The complainant and the respondent shall appear before the Principal District Judge, Erode, on 22.12.2017 at 10.30 a.m. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mps To 1.The Principal District Judge, Erode.

2.The Judicial Magistrate, Fast Track Court No.I, Erode.

+1 cc to Mr.S.Kaithamalai kumaran Advocate sr 81777 Crl.A.Nos.697, 698&794/2016 aa15/12/2017 https://hcservices.ecourts.gov.in/hcservices/