Madras High CourtCRL OP/5621/2016disposed of

C.Moorthy (Died) v. N.Raveendran

2017-10-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2017 CORAM :

THE HONOURABLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.5621 of 2016 in Crl.A.SR.No.43208 of 2015 C.Moorthy (Died) Son of Chandran Rep. by legal heirs

1. Andal

2. Swathi .. Petitioners/Appellants/Appellants .. Vs ..

N.Raveendran .. Respondent/Respondent Criminal Original Petition filed under Section 378(4) of the Code of Criminal Procedure, to grant leave to special leave petition to file an appeal against the acquittal as against judgment dated 09.12.2014 made in S.T.C.No.754 of 2012 on the file of the Judicial Magistrate No.III, Salem. For Petitioners :

Mr.Dr.P.Jagadeesan

JUDGMENT

For the sake of convenience, the parties may be referred to as the complainants and the accused.

2. The complainants initiated prosecution in S.T.C.No.754 of 2012 against the accused for an offence punishable under Section 138 of the Negotiable Instruments Act and the learned Judicial Magistrate No.III, Salem, acquitted the accused by Judgment dated 09.12.2014 Aggrieved by which, the complainants are before this Court.

3. Heard the learned counsel for the complainants.

4. In view of the judgment of Full Bench of this Court in the case of S. Ganapathy vs N. Senthilvel reported in (2016) 3 MLJ (Crl) 641 (FB), the Registry is directed to transmit all the papers to the Principal District and Sessions Judge, Salem, 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.

https://hcservices.ecourts.gov.in/hcservices/

5. The complainants are directed to appear before the learned Principal District and Sessions Judge, Salem, on 20.11.2017 at 10.30 a.m.

6. With the above direction, this Criminal Original Petition is disposed of. The connected Crl.A.SR.No.43208 of 2015 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Jrl To

1. The Principal District and Sessions Judge, Salem.

2. The Judicial Magistrate No.III, Salem.

+1cc to Mr.P.Jagadeesan, Advocate, S.R.No.72702 Crl.O.P.No.5621 of 2016 in Crl.A.Sr.No.43208 of 2015 CA(CO) GN(17/11/2017) https://hcservices.ecourts.gov.in/hcservices/