Sanjiv Goyal v. Rajesh Dokhaniya,Partner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2017 CORAM :

THE HON'BLE MRS.JUSTICE R.HEMALATHA Crl. A. Nos.432, 435 and 439 of 2004 Sanjiv Goyal .. Appellant in all the appeals/ Complainant /Vs/ Rajesh Dokhaniya ..Respondent in all the appeals/ Accused Criminal Appeals filed under Section 378 of the Code of Criminal Procedure to set aside the orders of acquittal of the respondent/accused dated 09.01.2004 C.C.Nos.5910, 5911 and 5912 of 2000 before the learned II Metropolitan Magistrate, Egmore, Chennai-8.

For Appellant in all the appeals :

M/s.Suresh Associates For Respondent in all the appeals :

No appearance.

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

2. The complainant initiated prosecutions in C.C.Nos.5910, 5911 and 5912 of 2000 before the learned II Metropolitan Magistrate, Egmore, Chennai-8 for an offence under Section 138 of the Negotiable Instruments Act, 1881 against the accused, in which, the accused was acquitted by Judgments dated 09.01.2004 aggrieved by which, the complainant is before this Court.

3. In view of the Judgment of a Full Bench of this Court in S.Ganapathy v. N.Senthilvel [(2016) 3 MLJ (Crl.) 641 (FB)], this https://hcservices.ecourts.gov.in/hcservices/

Court has no jurisdiction to entertain these appeals and therefore, the Registry is directed to transmit all the papers relating to these appeals to the learned Principal Sessions Judge, Chennai, within a period of four weeks from the date of receipt of a copy of this order, after retaining the photocopies of the same on file.

4. The complainant and the accused are directed to appear before the learned Principal Sessions Judge, Chennai, on 05.01.2018 at 10.30 a.m.

5. A perusal of the records shows that though notice has been issued to the accused, the accused has not received the same. Therefore, the learned Principal Sessions Judge, Chennai is directed to issue notice to the accused, if he has not been served so far and does not turn up on 05.01.2018.

6. Since all these matters pertain to the year 2000, the learned Principal Sessions Judge, Chennai is directed to dispose of the matter as expeditiously as possible.

7. With the above directions, Crl. A. Nos.432, 435 and 439 of 2004 are disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ksa To

1. II Metropolitan Magistrate, Egmore, Chennai-8.

2. The Principal Sessions Judge, Chennai.

3. The Section Officer, Criminal Records Section, High Court, Madras. (2 copies) Crl. A. Nos.432, 435 and 439 of 2004 NRI(CO) CS/26/12/17 https://hcservices.ecourts.gov.in/hcservices/