Authority: Madras High Court

Order Date: 13 December 2017

Case Overview

  • Appellant: T.N.K. Govindaraju Chetty & Co., Pvt. Ltd., represented by Ramanjulu (Assistant Manager) and counsel Mr. M. Nirmal Kumar.
  • Respondent: Balakrishnan, represented by counsel Mr. S. Nagarajan.
  • Appeal No. 754 of 2015 filed under Section 378 of CrPC challenging the acquittal dated 01 September 2015 passed by the Metropolitan Magistrate (Fast Track Court No.4), George Town, Chennai in C.C. No.389 of 2009, concerning an offence under Section 138 of the Negotiable Instruments Act.
  • The High Court noted that notice had not been served on the accused and relied on the Full Bench judgment in S. Ganapathy vs N. Senthilvel (2016) 3 MLJ (Crl) 641 (FB).

Final Outcome

  • The Registry is directed to forward all case records, after photocopying, to the Court of the Principal Sessions Judge, Chennai within four weeks of receipt of this order.
  • The complainant is directed to appear before the Principal Sessions Judge, Chennai on 22 January 2018 at 10:30 a.m.
  • With these directions, the criminal appeal is disposed.

Topics: Legal Procedure, Negotiable Instruments