Dismissed

Sri Anuman-a-Dyeing v. Ragava-a-Process by Its Partne

Madras HC17 Nov 2017CRL A/300/2014

Case brief

AI extract

What is this about?

The High Court held that it lacks jurisdiction to entertain criminal appeals against the acquittal regarding the offence under Section 138 NI Act due to the Full Bench judgment in S. Ganapathy Vs. N. Senthilvel. Appeals were therefore returned to the Principal District Judge, Erode, in accordance with the cited precedent.

What did the court decide?

Registry directed to transmit papers to Principal District Judge, Erode, within four weeks. Parties directed to appear before PDJ.

Sri Anuman-a-Dyeing Vs Ragava-a-Process by Its Partne — Cheque Dishonour | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 17.11.2017

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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Crl.A.Nos.300 to 303 of 2014

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Sri Anuman-A-Dyeings rep by its partner M.Jeyasankar 255, Perumparaikadu, (Kongu Vellalar Thirumana Mandapam backside) Pallipalayam, Erode.

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... Appellant in all the appeals Vs 1. Ragava A Process rep by its partner K.Muthukannan 3, Ganthipuram Main Road, Karur. 2. K.Muthukannan rep by its Partner, Ragava-A-Process, 3, Ganthipuram Main Road, Karur. 3. G.Umasamy rep by its Partner, Ragava-A-Process, 3, Ganthipuram Main Road, Karur. ...Respondents in all the appeals 4.

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Common Prayer:- Criminal Appeals filed under Section 378 of the Code of Criminal Procedure against the Judgment dated 25.06.2013 passed in STC.Nos.176, 179, 175 and 177 of 2012 on the file of the learned Fast Track Court (Magisterial Level-I), Erode District and to set aside the same by allowing the present appeals and convict the respondents in accordance with law.

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

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2.The complainant has initiated prosecution in STC.Nos.176, 179, 175 and 177 of 2012 against the accused for the offence

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

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under Section 138 of the Negotiable Insturments Act, in which, the learned Fast Track Court (Magisterial Level-I), Erode District, had acquitted the accused on 25.06.2013. Hence, the complainant has filed the present appeals against the order of acquittal before this Court.

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3.Heard the learned counsel appearing for the complainant and the learned counsel appearing for the respondent Nos.1 and 2.

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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 these appeals and therefore, the Registry is directed to transmit all the papers to the Principal District Judge, Erode, 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.

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The complainant and the respondents are directed to appear
before the learned Principal District Judge, Erode, on
22.12.2017 at 10.30 a.m.
Sd/-
Asst.Registrar (CS VI )
/true copy/
Sub Asst. Registrar
mps
To
1.The Principal District Judge,
Erode.
2.The Fast Track Court (Magisterial Level-I),
Erode.
3.The Section Officer,
Criminal Section,
High Court,
Madras.
(with a direction to transmit the papers to the PDJ, Erode)
+1cc to Mr.V.Jeevagiridharan , Advocate in sr.no.81929
Crl.A.Nos.300 to 303 of 2014
PPA(CO)
NR 13/12/2017

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

Sri Anuman-a-Dyeing v. Ragava-a-Process by Its Partne

Case brief

What is this about?

What did the court decide?

Sri Anuman-a-Dyeing v. Ragava-a-Process by Its Partne

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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Parties & counsel

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