The High Court held that it lacks jurisdiction to entertain the Criminal Appeal against acquittal in a Section 138 NI Act matter. Consequently, the Court directed the transfer of papers to the Principal District and Sessions Judge for disposal.
Transfer of papers to the Principal District and Sessions Judge, Tiruvellure, for expeditious completion of the appeal.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.11.2017
CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Crl.A.681 of 2013
Chandrabose ..Appellant Vs. Subhashini ..Respondent Criminal Appeal filed under Section 378 of the Code of Criminal Procedure to set aside the order dated 19.08.2013 passed in C.C.No.14 of 2012 on the file of Fast Track Court, Magisterial Level No.II, Poonamallee, Tiruvellure District. For Appellant : Mr.R.Venkata Varathan For Respondent : Mr.V.Devendhiran J U D G M E N T
For the sake of convenience, the appellant and the respondent are referred to as complainant and accused.
1 issue framed by the court
Whether the High Court has jurisdiction to entertain an appeal against acquittal in a cheque dishonour case following a Full Bench judgment.
Colour shows how this judgement treated each authority
S. Ganapathy v. N. SenthilvelReferred¶6
S.Ganapathy v. N.Senthilvel [(2016) 3 MLJ (Crl.) 641 (FB)]
1 provisions across 1 enactments
Chandrabose
Subhashini
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.N. Prakash
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