Madras High CourtCRL OP/256/2015bail granted

Rajesh @ Immanuel v. The State Rep By Its

2015-01-13Honourable Dr. Justice P. Devadass4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2017 CORAM :

THE HONOURABLE MR. JUSTICE P.N. PRAKASH Crl.A.No.256 of 2015 P.S.G.Power Solutions Pvt. Ltd.

rep. by its Managing Director A.Sargunan .. Appellant/Complainant .. Vs ..

A.Saraswathy .. Respondent/Accused Criminal Appeal filed under Section 378 of the Code of Criminal Procedure against the judgment dated 11.12.2014, passed by the learned Judicial Magistrate-cum-Fast Track Court, Alandur, in C.C.No.No.233 o 2013 and to set aside the same. For Appellant : Mr.D.Chandrasekar For Respondent : Mr.S.G.Shanmugam

JUDGMENT

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

2. The complainant initiated prosecution in C.C.No.233 of 2013 against the accused for the offence punishable under Section 138 of Negotiable Instruments Act, in which, the learned Judicial Magistrate-cum-Fast Track Court, Alandur by order dated 11.12.2014, acquitted the accused. Aggrieved by the said order of acquittal, the complainant has preferred the present appeal.

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

4. It is seen that Special Leave has been granted by this Court in Crl.O.P.No.9669 of 2015 in Crl.A.Sr.No.4254 of 2015 on 22.04.2015. It is trite law that for grant of Special Leave under Section 378(4) Cr.P.C., it is not necessary for this Court to hear the accused, since the accused will have to be heard in the main appeal.

5. In view of the judgment of a Full Bench of this Court in S. Ganapathy vs N. Senthilvel [(2016) 3 MLJ (Crl) 641 (FB)], the Registry is directed to transmit all the papers relating to this case to

the learned Principal District and Sessions Judge, Chengalpet8, within a period of four weeks from the date of receipt of a copy of this judgment, after taking photocopy of the papers on file.

6. The complainant is directed to appear before the learned Principal District and Sessions Judge, Chengalpet, on 05.01.2018 at 10.30 a.m.

With the above direction, this Criminal Appeal is disposed of. 23.11.2017 smi Index : Yes/No Internet : Yes To

1. The Principal and District Sessions Judge, Chengalpet.

2.The Judicial Magistrate-cum-Fast Track Court, Alandur.

P.N. PRAKASH, J.

smi Crl.A.No.256 of 2015 23.11.2017