Disposed

S.Rajendhiran v. Silver Star, a Partnership

Madras HC21 Nov 2017CRL A/276/2015

Case brief

AI extract

What is this about?

The High Court dismissed the Criminal Appeal challenging an acquittal under Section 138 of the Negotiable Instruments Act due to non-service of notice. The Court remanded the file to the Sessions Judge citing a Full Bench judgment to regularize the trial.

What did the court decide?

Records remanded to Principal District and Sessions Judge, Salem after taking photocopy of the file.

S.Rajendhiran Vs Silver Star, a Partnership — Cheque Dishonour | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED 21.11.2017

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE P.N. PRAKASH

¶5

Criminal Appeal No.276 of 2015

¶6

S.Rajendhiran .... Appellant(Complainant)
Vs
1.Silver Star,
A Partnership firm,
Rep. by its Partners
S.Vimal and C.Jaivignesh,
10, Rathna Tower, Ediyaar Street,
Coimbatore - 641 001.
2.S.Vimal
3.C.Jaivignesh .... Respondents(Accuses)
Appeal filed under Section 378 of Criminal Procedure Code
against the Order dated 11.11.2014 passed in S.T.C.No.4 of 2013
on the file of the learned Judicial Magistrate (Fast Track
Court), Omalur.
For Appellant : Mr.S.Mohan
JUDGMENT

¶7

For the sake of convenience, the appellant and the respondents will be referred to as the complainant and the accused respectively.

¶8

The present appeal has been filed challenging the order of acquittal passed by the learned Judicial Magistrate (Fast Track Court), Omalur in S.T.C.No.4 of 2013 dated 11.11.2014 for the offence punishable under Section 138 of Negotiable Instruments Act.

¶9

Heard the learned counsel for the complainant.

¶10

On a perusal of the records, it is seen that notice has not been served on the accused.

¶11

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

¶12

However, in view of the judgment of a Full Bench of this Court in S. Ganapathy vs N. Senthilvel reported in (2016) 3 MLJ (Crl) 641 (FB), Registry is directed to send all the records relating to this case to the Court of Principal District and Sessions Judge, Salem, after taking photocopy of the file, within a period of four weeks from the date of receipt of a copy of this Order.

¶13

The complainant is directed to appear before the learned Principal District and Sessions Judge, Salem on 05.01.2018 at 10.30 a.m.

¶14

With the above direction, the criminal appeal is disposed of.

¶15

Sd/-
Assistant Registrar(CS IX)
//True copy//
Sub Assistant Registrar
cla
To
1. The Principal District and Sessions Judge, Salem.
2.The Judicial Magistrate (Fast Track Court), Omalur.

¶16

Copy To The Section Officer, Criminal Section, High Court, Madras-104.

¶17

Crl.Appeal No.276 of 2015 SV(CO) GN(12/12/2017)

¶18

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

S.Rajendhiran v. Silver Star, a Partnership

Case brief

What is this about?

What did the court decide?

S.Rajendhiran v. Silver Star, a Partnership

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

M/S.Jai Enterprises Vs S.Salim

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

K.Ragupathy Vs J.Naziera Begum

V.Govindaraj Vs Silver Star a Partnership Firm

S.Immanuvel, 50 Years Vs the State Rep by Its

Ssaababathi Vs Dhanasekaran