Disposed

M/S.Jai Enterprises v. S.Salim

Madras HC20 Nov 2017CRL A/2/2015

Case brief

AI extract

What is this about?

The High Court disposed of the criminal appeal filed by the complainant against an acquittal by the Metropolitan Magistrate in a cheque dishonour case. The court granted Special Leave to appeal but directed the matter to be remanded to the District and Sessions Judge for hearing.

What did the court decide?

Appeal disposed; papers remanded to the Principal District and Sessions Judge, Chennai for hearing on 22.12.2017.

M/S.Jai Enterprises Vs S.Salim — Cheque Dishonour | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 20.11.2017

¶3

CORAM :

¶4

THE HONOURABLE MR. JUSTICE P.N. PRAKASH

¶5

Crl.A.No.2 of 2015

¶6

M/s.Jai Enterprises rep. by its Proprietor Ponraj

¶7

no 17, IXC road, old Washermenpet venkatapathy naidu st, chennai. .. Appellant/Complainant .. Vs .. S.Salim .. Respondent/Accused

¶8

Criminal Appeal filed under Section 378 of the Code of Criminal Procedure against the judgment dated 01.07.2014, passed by the learned Metropolitan Magistrate, Fast Track Court IV, Chennai in C.C.No.1610 of 2011 and to set aside the same. For Appellant : Mr.Suchit Anant Palande - - - - - JUDGMENT For the sake of convenience, the appellant and the respondent will be referred to as the complainant and the accused.

¶9

The complainant initiated prosecution in C.C.No.1610 of 2011 against the accused for the offence punishable under Section 138 of Negotiable Instruments Act, in which, the learned Metropolitan Magistrate, Fast Track Court IV, Chennai by order dated 01.07.2014, acquitted the accused. Aggrieved by the said order of acquittal, the complainant has preferred the present appeal.

¶10

Heard the learned counsel for the complainant.

¶11

It is seen that Special Leave has been granted by this Court in Crl.O.P.No.29840 of 2014 in Crl.A.Sr.No.42083 of 2014 on 22.12.2014. It is trite law that for grant of Special Leave under Section 378(4) Cr.P.C., it is not necessary

¶12

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

¶13

for this Court to hear the accused, since the accused will have to be heard in the main appeal.

¶14

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

¶15

The complainant is directed to appear before the learned Principal District and Sessions Judge, Chennai, on 22.12.2017 at 10.30 a.m.

¶16

With the above direction, this Criminal Appeal is disposed
of.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
smi
To
1. The Principal District and Sessions Judge,
Chennai.
2. The Metropolitan Magistrate,
Fast Track Court IV,
Chennai.
3. The Section Officer
Criminal Section,
High Court Madras.
Crl.A.No.2 of 2015
GMI(CO)
RRK(20/12/2017)

¶17

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

M/S.Jai Enterprises v. S.Salim

Case brief

What is this about?

What did the court decide?

M/S.Jai Enterprises v. S.Salim

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.Mangaiyarkarasi Vs Suresh Chandra Chogmalji Bafna

Murthy Vs Sub Inspector Ofp Olice

Sri Anuman-a-Dyeing Vs Ragava-a-Process by Its Partne

M/S.Pechiamman Agency Vs Raja Sathish T.Kumar

K.Ragupathy Vs J.Naziera Begum

Ganesh, (M/35 Years) Vs State Rep.by