In this criminal appeal filed under Section 378 CrPC, the Madras High Court held that it lacks jurisdiction to entertain the appeal due to a Full Bench judgment. The court did not decide the merits of the appeal.
Appellant directed to appear before Principal Judge, City Civil Court, Chennai.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.11.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.A.No.254 of 2015
M/s.Madhura Polymers Pvt Limited, No.3E/3L, Madura Apartments, III Floor, 23-A,North Boagh Road, T.Nagar,
Chennai-600 002.
rep.by its Managing Director Mr.M.Elango ... Appellant Vs S.Suresh ... Respondent Prayer:- Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to set aside the order of acquittal dated 26.02.2015 in C.C.No.7006 of 2014 on the file of the learned Metropolitan Magistrate, Fast Track Court (Magisterial LevelII), Egmore, Chennai.
For Appellant : Mr.A.Thiyagarajan JUDGMENT
For the sake of convenience, the appellant and the respondent will be referred to as the complainant and the accused respectively.
2.The complainant has initiated a prosecution in C.C.No.7006 of 2014 against the accused for the offence under Section 138 of the Negotiable Insturments Act, in which, the learned Metropolitan Magistrate, Fast Track Court (Magisterial Level-II), Egmore, Chennai, has dismissed the complaint on the ground that the complainant was not interested in prosecuting the case properly. Aggrieved over the same, the complainant has filed the present appeal before this Court.
3.Heard the learned counsel appearing for the complainant.
4.In view of the Judgment of the Full Bench of this Court in 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 to the Principal Judge, City Civil Court, Chennai, within a period of four weeks from the date of receipt of a copy of this order, after retaining the photo copies of the papers on file.
The complainant shall appear before the Principal Judge, City Civil Court, Chennai, on 05.01.2018 at 10.30 a.m.
Sd/-
Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
mps
To
1.The Principal Judge,
City Civil Court,
Chennai.
2.The Metropolitan Magistrate,
Fast Track Court (Magisterial Level-II),
Egmore, Chennai.
3. The Section officer,
criminal Section, High court,
chennai 104.
+1cc to Mr.A.THIAGARAJAN Advocate, S.R.No. 83219
Crl.A.No.254 of 2015
RK(CO)
TR(14/12/2017)
1 issue framed by the court
Whether the High Court has jurisdiction to entertain the appeal against the order dismissing the cheque recovery complaint.
1 provisions across 1 enactments
Madhura Polymers Pvt Limited
S.Suresh
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
