Madras High Court
Technonix Info System vs R.P.Bpo Services Pvt on 4 October, 2017
Author: P.N.Prakash
Bench: P.N.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.10.2017 CORAM: THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19136 of 2017 in Crl.A.SR.26505 of 2017 Technonix Info System, Rep. By D.K. Mohindran, Partner, Son of P.Kumaravelu, No.3, I Cross Street, Thirumurugan Nagar, Porur, Chennai- 600 116. ..Petitioner Vs. R.P.BPO Services Pvt., Ltd., Rep. By Mr. Md. Mohammed Abdul Raouf, Door No.2-3-60/1, Amberpet, Near Sree Ramna Theatre, Hyderabad-500 013. ..Respondent Criminal Original Petition filed under Section 378(4) of the Code of Criminal Procedure to grant special leave to Prosecute the above appeal before this Court against an order of acquittal dated 28.02.2017 made in S.T.C.No.176 of 2013 on the file of the Fast Track Judicial Magisterial Level No.2, Poonamallee, Thiruvallur District. For Petitioner : Mr. R.Prabakar For Respondent : Mr. D.N. Dhurgosha O R D E R
This Criminal Original Petition has been filed seeking to grant leave to the petitioner to prefer the Criminal Appeal against the judgment dated 28.02.2017 in S.T.C.No.176 of 2013 on the file of the Fast Track Judicial Magistrate Level No.II, Poonamallee, Thiruvallur, District.
2. The complainant has filed the present appeal against acquittal of the accused in STC.No.176 of 2013 for the offence under Section 138 of the Negotiable Instruments Act.
3. In view of the Full bench judgment of this Court in S.Kanapathy Vs. N. Senthilvel [(2017) 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 District Judge, Thiruvallur, within 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 and the accused shall appear before the District Judge, Thiruvallur, on 6th November 2017. Consequently, connected Crl.A.SR.No.26505 of 2017 is closed.
With the above direction, this petition is closed.
04.10.2017 bri/gms NOTE TO OFFICE:
Issue order copy on 05.10.2017 To
1.The District Judge, Thiruvallur.
2.The Fast Track Judicial Magistrate Level No.2, Poonamallee, Thiruvallur District.
P.N.PRAKASH, J., bri/gms Crl.O.P.No.19136 of 2017 in Crl.A.SR.26505 of 2017 04.10.2017