Madras High CourtCRL A/32/2014disposed of

M/S.De.Luxe Apartments And v. Swarnalakshmi

2022-12-13Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.De.Luxe Apartments and Building Co.

Rep. by P.Deepak Kumar .. Appellant

Versus

Swarnalakshmi .. Respondent Prayer : Criminal Appeal filed under Section 378(4) of Criminal Code of Procedure, against the judgment, dated 18.11.2013 passed by the learned II Metropolitan Magistrate, Egmore, Chennai made in C.C.No.3217 of 2011. For Appellant : No Appearance For Respondent : Mr.M.Mathan Raj for Mr.K.R.Ramesh Kumar

JUDGMENT

This Criminal Appeal in Crl.A.No.32 of 2014 arises out of a private complaint under Section 138 of the Negotiable Instruments Act, 1881.

2. While so, based on the earlier view taken by a Full Bench judgment of this Court in S.Ganapathy Vs. N.Senthilvel1, this Appeal was actually (2016) 4 CTC 119 1/4

transferred to the file of the learned Principal Sessions Judge, Chennai. As a matter of fact, the learned Principal Sessions Judge, Chennai had thereafter disposed off the appeal in Crl.A.No.109 of 2017. Aggrieved by which, originally Crl.R.C.No.1229 of 2018 was filed and when the matter was pending, in view of the Full Bench judgment of this Court in K.Rajalingam Vs. Suganthalakshmi2, the said Revision Case is now once again filed as Crl.A.No.1195 of 2022 and the same is pending.

3. As such, this Criminal Appeal in Crl.A.No.32 of 2014, having been disposed off by way of transfer to the Trial Court, is no more pending. Registry is therefore directed to close this Criminal Appeal as having been disposed off.

13.12.2022 Index : yes/no Speaking order/Non-speaking order grs To

1. The Principal Sessions Judge, Chennai.

2. The II Metropolitan Magistrate, 2020 SCC OnLIne MAD 1052 2/4

Egmore, Chennai.

3/4

D.BHARATHA CHAKRAVARTHY, J., grs 13.12.2022 4/4