M/S.Muthu Traders v. Mr.V.Govindaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.12.2017

CORAM

THE HONOURABLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.28818 of 2017 in Crl.A.No.SR.24994 of 2014 M/s.Muthu Traders, Rep. by its Proprietor Mrs.Prema, W/o.Srinivasa Reddy, No.30, Narasimha Nilayam, Little Wood Residency, Thally Road;

Near TVS Nagar, Hosur Taluk; Krishnagiri District Duly rep. by its Special Power of Attorney Mr.Narayanaswamy, S/o.R.Appanna No.10, GKD Nagar, Basthi Road, Hosur Town & Taluk, Krishnagiri.

.... Petitioner Vs Mr.V.Govindaraj .... Respondent Petition filed under Section 378 (4) of Criminal Procedure Code to grant special leave to appeal as against judgment dated 04.04.2011 in S.T.C.No.113 of 2011 on the file of the Judicial Magistrate, Fast Track Court at Hosur.

For Petitioner :

Mr.L.Baskaran

O R D E R

For the sake of convenience, the parties are referred to as the complainant and the accused.

2.

The complainant initiated a prosecution in S.T.C.No.113 of 2011 against the accused for the offence under Section 138 of the Negotiable Instruments Act in which the learned Judicial Magistrate, Fast Track Court, Hosur has acquitted the accused on 04.04.2011. Challenging which, the complainant has preferred the present appeal against the order of acquittal. Notice has not been serviced on the accused.

3.

In light of the judgment of Full Bench of this Court in S. Ganapathy vs N. Senthilvel [(2016) 3 MLJ (Crl) 641 (FB)], the Registry is directed to send the records to the Court of Principal District and Sessions Judge, Krishnagiri after taking https://hcservices.ecourts.gov.in/hcservices/

photocopy of the file, within a period of four weeks from the date of receipt of a copy of this order.

4.

The complainant and the accused are directed to appear before the learned Principal District and Sessions Judge, Krishnagiri at 10.30 a.m. on 29.01.2018 5.

With the above direction, the criminal original petition is disposed of. Consequently , Criminal Appeal SR No.24994 of 2014 is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vrc To

1. The Principal District and Sessions Judge, Krishnagiri.

2. The Judicial Magistrate (Fast Track Court), Hosur.

3. The Section Officer, Criminal Section, High Court Madras. +1cc to Mr.T.Panchatsaram, Advocate, S.R.No.92082 Crl.O.P.No.28818 of 2017 in Crl.A.No.SR.24994 of 2014 RRK(05/01/2018) https://hcservices.ecourts.gov.in/hcservices/