Madras High CourtCRL OP(MD)/10392/2016disposed of

Dajudeen v. S. Rajamohammed

2016-06-29Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL OP(MD) No.10392 of 2016 IN CRL.A(MD)SR.No.16951 of 2016 DAJUDEEN ... PETITIONER/APPELLANT/COMPLAINANT Vs S. RAJAMOHAMMED ... RESPONDENT/RESPONDENT/ACCUSED Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant leave to file the criminal appeal against the judgment rendered by the learned District Munsif cum Judicial Magistrate Kodaikanal in S.T.C no. 468 of 2014 dated 18.04.2016. PRAYER IN CRL.A(MD)SR.No.16951 of 2016: Memorandum of grounds of Appeal as against the Judgment rendered by the learned District Munsif cum Judicial Magistrate, Kodaikanal in S.T.C.No.468 of 2014 dated 18.04.

2016 dismissed and acquitted the Respondent/Accused. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and the petitioner not appeared in person or by an Advocate the court made the following order:- No representation for the petitioner.

2. The petitioner wants to appeal to this Court as against the order of acquittal passed in a cheque bouncing case.

3. As per the decision of the Full Bench of this Court in S.Ganapathy vs. Senthil [Crl.A.(MD) Nos.347 of 2010 etc., dated 05.04.2016], the petitioner has to prefer appeal before the concerned Sessions Court. In such event, question of this Court granting leave to appeal will not arise.

4. In view of the above, we will pass the following orders and directions:

(I) This petition is dismissed as not maintainable.

(ii) This petition shall move before the concerned Appellate Court within 15 days from the date of its receipt and enclosures from the Registry.

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(iii)The Registrar (Judicial) will return this petition and other connected papers to the petitioner.

sd/- 29/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KODAIKANAL 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL Copy to:

1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

2.The Principal Sessions Judge, Dindigul.

+1cc to Mr.M.Maran,Advocate Sr.No.34398

ORDER

IN CRL OP(MD) No.10392 of 2016 Date :29/06/2016 AA/ARK-PV/SAR-III/04.07.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/