For the sake of convenience, the appellant and the respondent are referred to as complainant and accused.
2. The complainant initiated a prosecution in C.C.No.14 of 2012 under Section 138 of Negotiable Instruments Act, against the accused, in which, the accused was acquitted by the Fast Track Court, Magisterial Level No.II, Poonamallee, Tiruvellure District on 19.08.2013, aggrieved by which, the complainant has filed the present appeal against acquittal.
3. This Court has granted special leave in Crl.O.P.No.25560 of 2013 in Crl.A.No.SR44581 of 2013 on 04.10.2013 and only thereafter, the Criminal Appeal has numbered as Crl.A.No.681 of 2013.
4. Notice has been served on the accused and M/s.Devendran and S.Muthu Patta Raja have entered appearance.
5. Heard the learned counsel for the complainant and the learned counsel for the accused.
6. 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, Tiruvellure, within a period of four weeks from the date of receipt of a copy of this order, after retaining the photocopies of the papers on file.
7. The complainant and the accused are directed to appear before the learned Principal District and Sessions Judge, Tiruvellore District, on 22.12.2017 at 10.30 a.m. and the learned Principal District and Sessions Judge, Tiruvellure, is directed to expeditiously complete the appeal.
With the above direction, this criminal appeal is disposed of.
16.11.2017 kmi To
1.The Judge, Magisterial Level No.II, Fast Track Court, Poonamallee, Tiruvellure District.
2.The Principal District and Sessions Judge, Tiruvellore.
P.N.PRAKASH, J.
kmi Crl.A.No.681 of 2013 16.11.2017