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.57 of 2014 under Section 138 of the Negotiable Instruments Act, against the accused, in which, the learned Judicial Magistrate, Fast Track Court, Vellore, acquitted the accused on 12.05.2017. Challenging which, the complainant has filed the present appeal against the order of acquittal with the delay of 32 days.
3.Heard the learned counsel appearing for the complainant.
4.On a perusal of the records, it is seen that 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)], this Court has no jurisdiction to entertain this appeal and therefore, the Registry is directed to transmit all the papers to the Principal District and Sessions Judge, Vellore, within a period of four weeks from the date of receipt of a copy of this order, after retaining the photo copies of the papers on file.
The complainant is directed appear before the learned Principal District and Sessions Judge, Vellore, on 22.12.2017 at 10.30 a.m. 16.11.2017 Speaking/Non-Speaking Order mps To
1.The Principal District and Sessions Judge, Vellore.
2.The Judicial Magistrate [Fast Track Court], Vellore.
3.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH,J, mps Crl.A.No.SR36137 of 2017 and Crl.M.P.No.10562 of 2017 16.11.2017