Dismissed

M/S.Sree Gokulam Chits & v. Mr.Ganesamurthy

Madras HC15 Nov 2017CRL OP/24601/2017

Case brief

AI extract

What is this about?

Appeal against acquittal dismissed for want of jurisdiction. Petitioner sought special leave to appeal under Section 378(4) CrPC. Court held it lacks jurisdiction per Full Bench precedent and ordered transmission of papers to Sessions Court.

What did the court decide?

Papers transmitted tolearned Principal District and Sessions Judge, Coimbatore, along with a direction to parties to appear before such Judge.

M/S.Sree Gokulam Chits & Vs Mr.Ganesamurthy — Cheque Dishonour | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.11.2017

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CORAM:

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THE HON'BLE MR.JUSTICE P.N.PRAKASH

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Crl.O.P.No.24601 of 2017 in Crl.A.SR.No.25036 of 2017

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M/s.Sree Gokulam Chits & Finance Co. (P) Limited, Rep. by its Power Agent, Mr.Harikrishnan, S/o.Ramasamy, 307, 7th Street, Gokulam Towers, Gandhipuram, Coimbatore 641 012. ..Petitioner

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Vs. Ganesamurthy ..Respondent

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Criminal Original Petition filed under Section 378 (4) of the Code of Criminal Procedure to grant special leave to appeal against the judgment acquitting the respondent in C.C.No.118 of 2011 dated 08.02.2017 passed by the learned Judicial Magistrate, Fast Track Court No.1, Coimbatore.

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For Petitioner: Mr.L.Rajasekar

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For the sake of convenience, the parties are referred to as complainant and accused.

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The complainant initiated a prosecution in C.C.No.118 of 2011 under Section 138 of the Negotiable Instruments Act against the accused, in which, the learned Judicial Magistrate, Fast Track Court No.1, Coimbatore has acquitted the accused on 08.02.2017, challenging which, the complainant filed the present appeal against the acquittal with the delay of 63 days, which has been condoned by this Court in Crl.M.P.No.8328 of 2017 in Crl.A.SR.No.25036 of 2017 on 31.08.2017, after hearing the counsel for the accused.

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In view of the judgment of the Full Bench of this Court in S.Ganapathy v. N.Senthilvel [(2016) 3 MLJ (Crl.) 641 (FB)], this Court has no jurisdiction to entertain the appeal and therefore, the Registry is directed to transmit all the papers to the learned Principal District and Sessions Judge, Coimbatore, within a period of four weeks from the date of

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

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receipt of a copy of this order, after retaining the photocopies of the papers on file.

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The complainant and the accused are directed to appear before the learned Principal District and Sessions Judge, Coimbatore, on 18.12.2017 at 10.30 a.m.

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With the above direction, this criminal original petition is closed. Consequently, the connected Crl.A.SR.No.25036 of 2017 is closed.

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s/d-
Assistant Registrar(CS VIII)
True Copy
Sub-Assistant Registrar
vri/bri
To
1. The Judicial Magistrate I, Fast Track Court, Coimbatore.
2. The Principal District and Sessions Judge, Coimbatore.
3. The Chief Judicial Magistrate Court, Coimbatore
4. The Section Officer
High Court, Madras.
Crl.O.P.No.24601 of 2017
Crl.A.SR.No.25036 of 2017
SP(04/12/2017)

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

M/S.Sree Gokulam Chits & v. Mr.Ganesamurthy

Case brief

What is this about?

What did the court decide?

M/S.Sree Gokulam Chits & v. Mr.Ganesamurthy

Case brief

What is this about?

What did the court decide?

What the court decided

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