B.Subramaniam v. K.Vijaya
Case brief
What is this about?
The High Court held that it lacks jurisdiction to entertain a criminal appeal against the acquittal of an accused in a cheque dishonour case due to a Full Bench judgment, directing transfer of the matter to the Principal Sessions Judge.
What did the court decide?
Appeal disposed of; papers transmitted to Principal Sessions Judge, Chennai for further proceedings.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2017
CORAM :
THE HON'BLE MRS.JUSTICE R.HEMALATHA
Crl. A. No. 589 of 2007
B. Subramaniam .. Appellant
/Vs/
K. Vijaya .. Respondent
Criminal Appeal filed under Section 378 of the Code of Criminal
Procedure to set aside the order of acquittal of the respondent/accused
dated 22.06.2007 in C.C.No.2450 of 2004 before the learned
XV Metropolitan Magistrate, George Town, Chennai.
For Appellant : Mr.M.Vijaya Kumar For Respondent : No appearance.
JUDGMENT
Issues for consideration
2 issues framed by the court
Whether this Court has jurisdiction to entertain an appeal against an order of acquittal when a Full Bench judgment excludes such jurisdiction.
How to direct the disposal of a stalled appeal given that the accused did not receive the notice.
Parties & counsel
- appellant
B. Subramaniam
- respondent
K. Vijaya
Coram
R. Hemalatha
Case details
As recorded by the court registry
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