For the sake of convenience, the petitioner and the respondent will be referred to as the complainant and the accused respectively.
2. The complainant has initiated a prosecution in C.C.No.299 of 2016 against the accused for the offence under Section 138 of Negotiable Instrument Act, in which, the learned Judicial Magistrate, Gudiyatham, had acquitted the accused by judgment on 04.06.2017. Challenging which, the complainant has preferred the present appeal against the order of acquittal.
3. Heard the learned counsel for the complainant.
4. On a perusal of the records, it is seen that Court notice has been served on respondents 1 and 2 and their names were printed in the cause list. The name of the accused was called thrice, none appeared.
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 District and Sessions Judge, Vellore, 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 learned Principal District and Sessions Judge, Vellore on 18.12.2017 at 10.30 a.m.
7. With the above directions, the Criminal Original Petition is disposed of. Consequently, Criminal Appeal SR No.19882 of 2017 is closed.
13-11-2017 Speaking/Non-Speaking Order Index:yes/no To
1. The Principal District and Sessions Judge, Vellore.
2. The Judicial Magistrate, Gudiyatham, Vellore District.
P.N.PRAKASH, J kal Crl.O.P.No.12784 of 2017 in Crl.A.No.SR.19882 of 2017 13.11.2017