Vinod Kumar vs M/S.Saijayani Housing Promoters ... on 30 April, 2019

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Madras High Court

Vinod Kumar vs M/S.Saijayani Housing Promoters ... on 30 April, 2019

Bench: G.Jayachandran

                                                               1

                                         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated : 30.04.2019

                                                            CORAM

                                        THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                Crl.A.Nos.530 & 531 of 2015

                      Vinod Kumar                                    ... Appellant in Crl.A.No.530 of 2015

                      Nirmala Kothari                                ... Appellant in Crl.A.No.531 of 2015

                                                               Vs.

                      1.M/s.Saijayani Housing Promoters Private Limited,
                        Represented by Mr.Senthil Kumaran

                      2.Mr.Senthil Kumaran,
                        Managing Director,
                        M/s.Saijayani Housing Promoters Private Limited.
                                                                      ... Respondents in both Crl.A.Nos



                      Common Prayer: Criminal Appeal has been filed under Section 378 (4) of Criminal
                      Procedure Code praying to set aside the judgment dated 04.09.2012 passed in
                      C.C.Nos.4449 of 2009 and 4465 of 2009 respectively by the VIII Metropolitan
                      Magistrate, George Town, Chennai.


                                    For Appellant in both Crl.As      : Mr.M.Aravind Kumar

                                    For Respondents in both Crl.As : No appearance


                                                     COMMON JUDGMENT

The learned counsel for the appellants is present in both cases. There is no representation for the respondents. http://www.judis.nic.in 2 Dr.G.JAYACHANDRAN,J.

rpl

2. In view of the judgment passed by the Full Bench of this Court in Ganapathy Vs. N.Senthilvel reported in 2016 MWN Crl 321 FB, and in view of the proviso to Section 372 Cr.P.C., the complainants who have preferred these appeals aggrieved by the order of acquittal passed by the VIII Metropolitan Magistrate, George Town, Chennai are entitled to prefer appeal before the Principal Sessions Court, Chennai.

3. Hence, the Registry is directed to transfer the matters to the Principal Sessions Court, Chennai. The Principal Sessions Court, Chennai shall take up the matters and number it as appeal and disposed of the cases on merits and in accordance with law, after causing notice to the parties concerned.

4. Accordingly, these Criminal Appeals are disposed of.

30.04.2019 Index: Yes/No Internet: Yes/No Speaking order/Non speaking order rpl To

1.The VIII Metropolitan Magistrate, George Town, Chennai

2.The Principal Sessions Judge, Chennai http://www.judis.nic.in 3 Crl.A.Nos.530 & 531 of 2015 http://www.judis.nic.in

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