T.N.K.Govindaraju Chetty & Co. Vs P.Balakrishnan — Cheque Dishonour | Madras HC (2026)

T.N.K.Govindaraju Chetty & Co. Vs P.Balakrishnan — Cheque Dishonour | Madras HC (2026)

What the court decided

AI extract

Outcome

Registry directed to send all the records relating to the case, after taking photocopy of the file, to the Court of the Principal Sessions Judge, Chennai, within four weeks from the date of receipt of a copy of the Order; complainant directed to appear before the learned Principal Sessions Judge, Chennai on 22.01.2018 at 10.30 a.m.; appeal disposed of with these directions.

Issue for consideration

Mode of disposal of a criminal appeal under Section 378 of the Criminal Procedure Code challenging an acquittal (offence under Section 138 of the Negotiable Instruments Act) in which notice had not been served on the accused.

Court's answer

In view of the judgment of the Full Bench in S. Ganapathy vs N. Senthilvel, (2016) 3 MLJ (Crl) 641 (FB), the Registry was directed to send all the records relating to the case, after taking photocopy of the file, to the Court of the Principal Sessions Judge, Chennai, within four weeks from the date of receipt of a copy of the Order.

Ratio / Principle

The complainant was directed to appear before the learned Principal Sessions Judge, Chennai on 22.01.2018 at 10.30 a.m.

Key takeaways

With the above directions, the criminal appeal was disposed of.ratio¶22

Detailed headnote1 paragraphs

Criminal Appeal No.754 of 2015 (T.N.K.Govindaraju Chetty & Co., Pvt. Ltd. v. Balakrishnan), High Court of Judicature at Madras, P.N. Prakash J., decided 13.12.2017. Appeal under Section 378 of the Criminal Procedure Code by the complainant against the order of acquittal dated 01.09.2015 passed by the Metropolitan Magistrate (Fast Track Court No.4), George Town, Chennai, in C.C.No.389 of 2009 for the offence punishable under Section 138 of the Negotiable Instruments Act. On perusal of the records the Court found that notice had not been served on the accused. Acting in view of the judgment of a Full Bench of that Court in S. Ganapathy vs N. Senthilvel, (2016) 3 MLJ (Crl) 641 (FB), the Court directed the Registry to send all the records of the case, after taking photocopy of the file, to the Court of the Principal Sessions Judge, Chennai, within four weeks from receipt of a copy of the Order, and directed the complainant to appear before the learned Principal Sessions Judge, Chennai on 22.01.2018 at 10.30 a.m. With these directions, the criminal appeal stood disposed of.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.12.2017

CORAM

THE HONOURABLE MR. JUSTICE P.N. PRAKASH

Criminal Appeal No.754 of 2015

T.N.K.Govindaraju Chetty & Co.,Pvt.Ltd., TNK House, II Floor, No.48, Anna Salai, Chennai -2. Rep. by Ramanjulu Assistant Manager. .... Appellant

Vs

Balakrishnan .... Respondents

Appeal filed under Section 378 of Criminal Procedure Code against the judgment dated 01.09.2015 passed in C.C.No.389 of 2009 on the file of the learned Metropolitan Magistrate (Fast Track Court No.4), George Town, Chennai.

For Respondent : Mr.S.Nagarajan

JUDGMENT

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

The present appeal has been filed challenging the order of acquittal passed by the Metropolitan Magistrate (Fast Track Court No.4), George Town, Chennai in C.C.No.389 of 2009 dated 01.09.2015 for the offence punishable under Section 138 of Negotiable Instruments Act.

P.N. PRAKASH,J.,

2

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Heard the learned counsel for the complainant and the learned counsel for the respondent.

On a perusal of the records, it is seen that notice has not been served on the accused.

However, in view of the judgment of a Full Bench of this Court in S. Ganapathy vs N. Senthilvel reported in (2016) 3 MLJ (Crl) 641 (FB), Registry is directed to send all the records relating to this case to the Court of Principal Sessions Judge, Chennai, after taking photocopy of the file, within a period of four weeks from the date of receipt of a copy of this Order.

The complainant is directed to appear before the learned Principal Sessions Judge, Chennai on 22.01.2018 at 10.30 a.m.

With the above direction, the criminal appeal is disposed of.

13-12-2017

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Speaking/Non-Speaking Order Index:yes/no To

The Principal Sessions Judge, Chennai. 2. The Metropolitan Magistrate (Fast Track Court No.4), George Town, Chennai.

Crl.Appeal No.754 of 2015