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.2064 of 2003 before the learned Metropolitan Magistrate (Fast Track Court No.III), Saidapet, Chennai, against the accused under Sec.138 of the Negotiable Instruments Act and the learned Metropolitan Magistrate acquitted the accused by judgment dated 26.12.2012, aggrieved by which, the complainant has filed the present appeal against the order of acquittal with a delay of 57 days.
3. Heard Mr.V.Kasinatha Bharathi, learned counsel for the petitioner.
4. On a perusal of the records, it is seen that notice has been served on the accused and M/s.K.Srinivasan and E.Meenakshi, learned advocates have filed vakalat for the accused.
5. However, 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 all the records relating to this case to the Court of Principal Judge, City Civil Court, Chennai after taking a photocopy of the same, within a period of four weeks from the date of receipt of a copy of this order.
6. The complainant and the accused are directed to appear before the Principal Judge, City Civil Court, Chennai on 05.01.2018 at 10.30 a.m. With the above direction, the criminal miscellaneous petition is disposed of. Consequently, Criminal Appeal SR No.21268 of 2013 is closed.
21-11-2017 Note to Office:
Issue order copy on 22.11.2017 cla Speaking/Non-Speaking Order Index:yes/no To
1. The Principal Judge, City Civil Court, Chennai.
2. The Metropolitan Magistrate (Fast Track Court No.III), Saidpatet, Chennai.
P.N. PRAKASH., J cla M.P.No.1 of 2013 in Crl.A.No.SR.21268 of 2013 21.11.2017