Full Bench ratio was applied to deny jurisdiction for a cheque dishonour appeal arising post a specific Full Bench ruling. Registry transmission to District Judge was ordered; matter remanded for expedited disposal.
Criminal Appeal disposed; papers transmitted to Principal District Judge, Coimbatore for disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2017
CORAM :
THE HON'BLE MRS.JUSTICE R.HEMALATHA
Crl. A. No. 144 of 2006
M/s. Shriram Transport Finance Company Limited
Rep. By its Senior Executive. .. Appellant /Vs/ Mohammed Farook .. Respondent Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to set aside the order of acquittal of the respondent/accused dated 02.12.2005 in C.C.No.146 of 2004 before the learned Judicial Magistrate-I, Coimbatore. For Appellant : M/s.C.D.Johnson For Respondents : No appearance. JUDGMENT
For the sake of convenience, the appellant and the respondent are referred to as complainant and accused.
2
3
Principal District Judge, Coimbatore is directed to dispose of the matter as expeditiously as possible.
05.12.2017
Speaking/Non speaking order
Index : Yes/No
Internet : Yes/No
ksa
To
1. The Judicial Magistrate-I, Coimbatore.
4
R. HEMALATHA, J.
ksa
Crl. A. No. 144 of 2006
05.12.2017
1 issue framed by the court
Whether the High Court has jurisdiction to entertain the criminal appeal under Section 378 CrPC following the Full Bench judgment in S.Ganapathy v. N.Senthilvel.
Colour shows how this judgement treated each authority
S.Ganapathy v. N.SenthilvelFollowed¶13
S.Ganapathy v. N.Senthilvel [(2016) 3 MLJ (Crl.) 641 (FB)]
M/s. Shriram Transport Finance Company Limited
Mohammed Farook
R.Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
