CHENNAI: Cheque bounce cases pending in all sessions court in Tamil Nadu will come to a halt, as the Madras high court on Wednesday directed them to keep in abeyance all appeals against acquittals ordered by magistrates until further orders. A full bench comprising Justice M M Sundresh, Justice V Bharathidasan and Justice N Anand Venkatesh passed the interim order while hearing a reference made to the bench to decide as to whether the sessions courts had jurisdiction to hear such appeals or it must be moved only before the high court. The reference was made by Justice P N Prakash, who wanted the chief justice to constitute a full bench to decide several questions of law, including whether such appeals can be entertained by sessions courts under Section 372 of CrPC or by the high court under Section 378(4) and (5) of CrPC or whether there are concurrent remedies available with the right to the complainant to elect the forum of their choice.

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CITYMadras high court halts cheque bounce appeals, to examine power of lower courts
Suresh Kumar | TNN | Updated: Feb 6, 2020, 5:33 IST






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Madras high court

CHENNAI: Cheque bounce cases pending in all sessions court in Tamil Nadu will come to a halt, as the Madras high court on Wednesday directed them to keep in abeyance all appeals against acquittals ordered by magistrates until further orders.

A full bench comprising Justice M M Sundresh, Justice V Bharathidasan and Justice N Anand Venkatesh passed the interim order while hearing a reference made to the bench to decide as to whether the sessions courts had jurisdiction to hear such appeals or it must be moved only before the high court.

The reference was made by Justice P N Prakash, who wanted the chief justice to constitute a full bench to decide several questions of law, including whether such appeals can be entertained by sessions courts under Section 372 of CrPC or by the high court under Section 378(4) and (5) of CrPC or whether there are concurrent remedies available with the right to the complainant to elect the forum of their choice.
When the reference was taken up for hearing, the full bench passed the interim order and ordered notices to bar associations including the Madras High Court Advocates Association (MHAA), and Madras Bar Association (MBA) to submit their views and posted the hearing to February 25.
Though the issue was decided by a full bench in 2016, which held that such appeals can be made only before a sessions court, the decision was negated by the Supreme Court. Since the issue propped up once again while Justice Prakash was hearing a similar case, he referred the matter to the Chief Justice to decide whether it would deem fit to constitute a full bench to take a decision on the issue.



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