For the sake of convenience, the appellant and the respondent will be referred to as the complainant and the accused.
2. The complainant initiated prosecution in S.T.C.No.307 of 2011 against the accused for the offence punishable under Section 138 of Negotiable Instruments Act, in which, the learned Judicial Magistrate-I, Erode, by order dated 05.12.2016, acquitted the accused. Aggrieved by the said order of acquittal, the complainant has preferred the present appeal.
3. Heard the learned counsel for the complainant.
4. It is seen that Special Leave has been granted by this Court in Crl.O.P.No.4231 of 2016 in Crl.A.Sr.No.8380 of 2016 on 18.08.2016. It is trite law that for grant of Special Leave under
Section 378(4) Cr.P.C., it is not necessary for this Court to hear the accused, since the accused will have to be heard in the main appeal.
5. In view of the judgment of a Full Bench of this Court in S. Ganapathy vs N. Senthilvel [(2016) 3 MLJ (Crl) 641 (FB)], the Registry is directed to transmit all the papers relating to this case to the learned Principal District and Sessions Judge, Erode, within a period of four weeks from the date of receipt of a copy of this judgment, after taking photocopy of the papers on file.
6. The complainant is directed to appear before the learned Principal District and Sessions Judge, Erode, on 11.12.2017 at 10.30 a.m. With the above direction, this appeal is disposed of.