M.Ganesan v. N.Raveendran
Case brief
What is this about?
This court disposed of a criminal appeal against acquittal in a cheque dishonour case. Citing a Full Bench judgment, the court held it lacked jurisdiction to entertain the appeal. It directed the Registry to transmit all papers to the Principal District Judge in Salem district to expeditiously complete the appeal proceedings.
What did the court decide?
Registry directed to transmit all papers to the Principal District Judge, Salem, to expeditiously complete the appeal.
What the court decided
A compact analysis
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: 28.11.2017
CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Criminal Appeal No.257 of 2015
M.Ganesan ..Appellant/Complainant
Vs.
N.Raveendran ..Respondent/Accused
Criminal Appeal filed under Section 378(4) of the Code of Criminal Procedure Code to set aside the judgment dated 26.03.2014 passed in S.T.C.No.5 of 2013 on the file of the Judicial Magistrate (Fast Track) Omalur, Salem District.
For Appellant : Mr.S.Jayakumar
For the sake of convenience, the appellant and the respondent are referred to as complainant and accused.
- The complainant initiated a prosecution in S.T.C.No.5 of 2013 under Section 138 of Negotiable Instruments Act, against the accused, in which, the accused was acquitted by the Judicial Magistrate (Fast Track) Omalur, Salem District on 26.03.2014, aggrieved by which, the complainant has filed the present appeal against acquittal.
Issues for consideration
3 issues framed by the court
Whether the High Court has jurisdiction to entertain a criminal appeal against acquittal under Section 378(4) CrPC when a Full Bench judgment diverts such cases to the Presidency Magistrate.
What direction should be issued regarding the transmission of the appeal papers to the Principal District Judge.
Whether the appeal against acquittal in a Section 138 NI Act case requires special leave when a Full Bench judgment applies.
Parties & counsel
- appellant
M. Ganesan
- respondent
N. Raveendran
Coram
P.N. Prakash
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page · P. N. Prakash
- Order 2 · D.bharatha Chakravarthy
Similar cases
Judgements on the same questions, provisions and authorities, from every court