A Full Bench (comprising three judges) of Madras HC rules that henceforth appeals against acquittal orders passed by Magistrates in cheque bounce cases must be filed only before the HC and not the Sessions Courts
[5/28, 16:06] Sekarreporter 1: A Full Bench (comprising three judges) of Madras HC rules that henceforth appeals against acquittal orders passed by Magistrates in cheque bounce cases must be filed only before the HC and not the Sessions Courts @THChennai
[5/28, 16:06] Sekarreporter 1: 🍁🙏🏾🍁
[5/28, 16:08] Sekarreporter 1: Crl.A. Nos.89 & 90 of 2020 and Crl.R.C. Nos.494 & 536 of 2019
& Crl.M.P.No.1789, 1794 & 7289 of 2019
1/88
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 04.03.2020
Dated : .05.2020
Coram
The Honourable Mr.Justice M.M.SUNDRESH
The Honourable Mr.Justice V.BHARATHIDASAN
and
The Honourable Mr. Justice N.ANAND VENKATESH
Criminal Appeal Nos.89 & 90 of 2020 and Criminal Revision Case
Nos.494 & 536 of 2019 & Crl.M.P.No.1789, 1794 & 7289 of 2019
Criminal Appeal Nos.89 & 90 of 2020
K.Rajalingam … Appellant in
both Appeals
Vs.
R.Suganthalakshmi … Respondent in
both Appeals
Criminal Revision Case Nos.494 of 2019
M.Venkataraman .. Petitioner
Vs.
D.G.Bhaskaran .. Respondent
[5/28, 16:08] Sekarreporter 1: Crl.A. Nos.89 & 90 of 2020 and Crl.R.C. Nos.494 & 536 of 2019
& Crl.M.P.No.1789, 1794 & 7289 of 2019
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Criminal Revision Case Nos.536 of 2019
Dharani .. Petitioner
Vs.
R.Prabhagaran .. Respondent
Criminal Appeals are filed under Section 378(4) of the Code of
Criminal Procedure, 1973 as against the judgment dated 21.12.2018 made
by the III Additional Sessions Judge, City Civil Court, Madras, in
C.A.Nos.171 of 2018 and 172 of 2018.
Criminal Revision Case No.536 of 2019 is filed under Sections 397
and 401 of the Code of Criminal Procedure, 1973, as against the judgment
dated 02.01.2019 made in C.A.No.16 of 2016 by the III Additional Sessions
Judge, Tiruvallur at Poonamallee dismissing the complaint by judgmet
dated 14.12.2015 in STC No.495 of 2012 on the file of Judicial Magistrate
No.II, Ponneri.
For Appellant in : Mr.Sarath Chandran &
Crl.A.Nos.89 & 90 T.M.Mano for
of 2020 Mr.Govind Chandrasekar
For Appellant in : Mr.Arun Anbumani
Crl.R.C.Nos.494/2019 & Mr.Arya Raj
For Appellant in : No appearance
Crl.R.C.Nos.536/2019
[5/28, 16:08] Sekarreporter 1: Crl.A. Nos.89 & 90 of 2020 and Crl.R.C. Nos.494 & 536 of 2019
& Crl.M.P.No.1789, 1794 & 7289 of 2019
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For Respondent in : Mr.S.Subramanian and
Crl.R.C.No.494/2019 Mr.S.Sudharshan
For Respondent in : No appearance
Crl.R.C.No536/2019
: Mr.N.Jothi
: Mr.AR.L.Sundaresan,S.C.,
(Amicus) in MBA.,
: Mr.Vijayaraghavan
: Mr.A.Thiagarajan,S.C., for MHA
& WLA
COMMON JUDGMENT
M.M.SUNDRESH,J.
The decision rendered by the Full Bench of this Court in
S.Ganapathy V. N.Senthilvel ((2016) 4 CTC 119) was doubted by the
learned single Judge while dealing with Criminal Revision Case Nos.494 &
536 of 2019 and Crl.A.SR.Nos.25084 and 25112 of 2019. The doubt raised
is to the maintainability of the appeal by the complainant against an order
of acquittal confirmed before the Court of Sessions invoking the proviso to
Section 372 of the Criminal Procedure Code. The incidental issue is on the
[5/28, 16:10] Sekarreporter 1: Crl.A. Nos.89 & 90 of 2020 and Crl.R.C. Nos.494 & 536 of 2019
& Crl.M.P.No.1789, 1794 & 7289 of 2019
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the merits of the case and pass final orders. The parties had
sufficient opportunity to put forth their case up to this Court and
therefore, by no stretch, the same can be allowed to be reopened by
virtue of this Judgement. Therefore, the way forward as a
consequence of this judgement can be provided only for pending
cases.
The fall out of the present judgement rendering the earlier Full
Bench Judgement of S.Ganapathi (Supra) as ‘per-incuriam’ and no
longer a good law, has been lucidly explained and dealt with by the
Author of the main judgement and therefore, there is no
requirement to once again deal with the same in detail.
I am in complete agreement with the answers given to the questions
referred to us and the consequential directions issued.
(N.A.V.,J)
.05.2020
rka
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