The High Court held that it lacked jurisdiction to hear the criminal appeal against acquittal under Section 378 CrPC in a cheque dishonour case, relying on a Full Bench precedent, and remanded the matter to the Sessions Judge.
Registry directed to transmit papers to the Principal District and Sessions Judge, Vellore; parties to appear on 04.12.2017.
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: 01.11.2017 CORAM: THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.A.585 of 2014
T.G.Shivarajan ..Appellant Vs.
E.Mathivanan
Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to call for the records in C.C.No.85 of 2011 and set aside the judgment of acquittal passed by the Judicial Magistrate-II, Walajapet on 09.05.2014.
For the sake of convenience, the appellant and the respondent are referred to as complainant and accused.
With the above direction, this criminal appeal is disposed
of.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
kmi
To
1.The Judicial Magistrate No.II,
Walajapet, Vellore District.
2.The Principal District and Sessions Judge,
Vellore.
3.The Section Officer
Criminal Section
High Court Madras
4.T.G.Shivarajan
S/o.T.Gurusamay
No.10 othavadai street,V Cross
Muthukadai Ranipet, Vellore District
5.E.Mathivanan
S/o.Elangovan
Plot No.6 Door No.2
Kamalam Nagar Jaya Nagar,
Reddiyarpalayam
Puducherry
Crl.A.No.585 of 2014
gmI(co)
aa17/11/2017
1 issue framed by the court
Whether the High Court had jurisdiction to entertain the appeal against acquittal under Section 378 CrPC in a cheque dishonour case.
Colour shows how this judgement treated each authority
S.Ganapathy v. N.SenthilvelRelied on¶8
S.Ganapathy v. N.Senthilvel [(2016) 3 MLJ (Crl.) 641 (FB)]
2 provisions across 2 enactments
T.G. Shivarajan
E. Mathivanan
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.N. Prakash
Parties & counsel
