For the sake of convenience, the petitioner and the respondent will be referred to as the complainant and the accused.
2. The complainant initiated a prosecution in S.T.C.No.26 of 2016 under Section 138 of Negotiable Instruments Act, against the accused in which, the learned Judicial Magistrate, Fast Track Court Magisterial Level, Hosur, acquitted the accused by judgment dated 27.03.2017. Challenging which, the accused has filed the present appeal against acquittal with a leave petition.
3. Notice has not been served on the accused. 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.
4.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 Court of the Principal District and Sessions Judge, Krishnagiri, after taking a photocopy of the records, within a period of four weeks from the date of receipt of a copy of this order.
5.The complainant is directed to appear before the learned Principal District and Sessions Judge, Krishnagiri on 18.12.2017 at 10.30 a.m. 10.11.2017 Speaking/Non-Speaking Order Index:yes/no smi To
1. The Principal District and Sessions Judge, Krishnagiri.
2. The Judicial Magistrate, Fast Track Court Magisterial Level, Hosur.
P.N. PRAKASH,J., smi Crl.A.SR. No.22100 of 2017 & Crl.O.P.No.10278 of 2017 10.11.2017