The High Court held it lacks jurisdiction to entertain the criminal appeal cheque-dishonour case due to a binding Full Bench precedent. The appeal papers were directed to be transmitted to the Principal Sessions Judge, Chennai, for disposal.
Judgment of acquittal certified as qualified; appeal transmitted to Principal Sessions Judge for disposal.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :06.12.2017
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Crl.A.No. 17 of 2006 M/s. S.V.Nagar Benefit Fund Ltd., Rep.by Director B.Dhayanithi, No.1, Sri Venkateswara Nagar, Anakaputhur, Chennai – 600 070. ... Appellant Vs. U.Shahul Ameed ... 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 21.11.2005 in C.C.No.2702 of 2003, before the learned XV Metropolitan Magistrate, Chennai.
For Appellant : Mr.R.Selvakumar For Respondent : No appearance
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J U D G E M E N T
For the sake of convenience, the appellant and the respondent are referred to as complainant and accused.
before the learned XV Metropolitan Magistrate, Chennai,
for the alleged offences punishable under Section 138 of Negotiable Act,
against the accused, in which, the accused was acquitted by judgment dated 21.11.2005 aggrieved by which, the complainant is before this Court.
S.Ganapathy Vs. N.Senthilvel [ (2016) 3 MLJ (Crl.) 641 (FB) ] , this
Court has no jurisdiction to entertain this appeal and therefore, the
Registry is directed to transmit all the papers relating to this appeal 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.
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the learned Principal Sessions Judge, Chennai, on 25.01.2018 at 10.30 a.m.
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R. HEMALATHA.J.,
ms
To
1 issue framed by the court
Whether the High Court has jurisdiction to entertain the criminal appeal under Section 378 of CrPC given the Full Bench judgment.
Colour shows how this judgement treated each authority
S.Ganapathy Vs. N.SenthilvelApplied¶17
S.Ganapathy Vs. N.Senthilvel, (2016) 3 MLJ (Crl.) 641 (FB)
M/s. S.V.Nagar Benefit Fund Ltd., Rep.by Director B.Dhayanithi
U.Shahul Ameed
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
