For the sake of convenience, the petitioner and the respondent will be referred to as the complainant and the accused respectively.
2. The complainant initiated a prosecution in C.C.No.1604 of 2014 against the accused for the offence under Section 138 of the Negotiable Instruments Act, in which, the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai acquitted the accused by the judgment dated 19.07.2016, aggrieved by which, the complainant has preferred the present appeal.
3. Heard the learned counsel for the complainant.
P.N. PRAKASH,J., cla
4. On a perusal of the records, it is seen that Court notice has not been served on the accused.
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 send the records relating to this case to the Court of the Principal Sessions Judge, City Civil Court, Chennai after taking a photocopy of the records, within a period of four weeks from the date of receipt of a copy of this order.
6. The complainant is directed to appear before the Principal Sessions Judge, City Civil Court, Chennai on 11.12.2017 at 10.30 a.m. With the above direction, the criminal original petition is disposed of. Consequently, Criminal Appeal SR No.41016 of 2016 is closed.
09-11-2017 Speaking/Non-Speaking Order Index:yes/no Note to Office:
Issue order copy on 28.11.2017 To
1. The Principal Sessions Judge, City Civil Court, Chennai.
2. The Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai.
Crl.O.P.No.21783 of 2016 in Crl.A.No.SR.41016 of 2016