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 S.T.C.No.356 of 2016, under Section138 of Negotiable Instruments Act, against the accused, in which the learned Judicial Magistrate No-II, Pollachi, acquitted the accused on 02.09.2016, aggrieved by which, the complainant has filed the present appeal against the order of acquittal with a delay of 8 days.
3. Heard the learned counsel for the complainant.
4. On 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)], the Registry is directed to send the records relating to this case to the Court of the Principal District and Sessions Judge, Coimbatore, 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, Coimbatore on 11.12.2017 at 10.30 a.m.
7. With the above direction, the Criminal Original Petition is disposed of. Consequently, Criminal Appeal SR No.51260 of 2016 is closed.
08-11-2017 Speaking/Non-Speaking Order Index:yes/no mm To
1. The Principal District and Sessions Judge, Coimbatore.
2. The Judicial Magistrate No-II, Pollachi.
P.N. PRAKASH,J, mm Crl.M.P.No.13404 of 2016 in Crl.A.No.SR.51260 of 2016 08.11.2017