Madras High Court
A.Shankar vs Manikandan on 9 December, 2021
Crl.O.P.No.23262 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.23262 of 2021
A.Shankar ..Petitioner
Versus
Manikandan ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure to direct the III Additional District and
Sessions Judge, Coimbatore to transfer the C.A.No.244/2019, pending on
the file of the said Court and commit the same before this Court as per
the full bench Judgment of this Court dated 28.05.2021 in C.A.No.89 of
2020, 90 of 2020, Criminal Revision Case Nos.494,536 of 2019,
Crl.M.P.Nos.1789, 1794 and 7289 of 2019.
For Petitioner : Mr.A.Thiyagarajan
***
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23262 of 2021
ORDER
This Criminal Original Petition has been filed to direct the III
Additional District and Sessions Judge, Coimbatore to transfer the
C.A.No.244/2019, pending on the file of the said Court and commit the
same before this Court as per the full bench Judgment of this Court dated
28.05.2021 in C.A.No.89 of 2020, 90 of 2020, Criminal Revision Case
Nos.494,536 of 2019, Crl.M.P.Nos.1789, 1794 and 7289 of 2019.
2. The case of the petitioner is that the petitioner as a
complainant had filed a case against the respondent under Section 138 of
the Negotiable Instruments Act in C.C.No.2 of 2015 and the trial Court,
by Judgment dated 17.06.2021 had acquitted the accused and thereafter
the petitioner had filed an Appeal before the III Additional District
Judge, Coimbatore, which is pending in C.A.No.244 of 2019. The
petitioner further states that as per the Division Bench Judgment of this
Court in the case of Mr.K.Rajalingam and Ors Versus
R.Suganthalakshmi and Ors reported in 2020 CrlLJ 2593, the Appeal
against acquittal should be filed only before this Court under Section 378
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Crl.O.P.No.23262 of 2021
(4) Cr.P.C., but the learned III Additional District Judge, Coimbatore is
not taking any steps to transfer the C.A.No.244 of 2019 to the file of this
Court and hence the present Criminal Original Petition has been filed.
3. The learned counsel appearing for the petitioner submitted that
the petitioner is a senior citizen aged about 71 years and suffering from
various from health ailments and his only endevour is that he should see
the light of this case, during his life time.
4. Heard the submissions of the learned counsel appearing for the
petitioner. Perused the records.
5. The III Additional District Judge, Coimbatore in his proceedings
on 29.09.2021 has made the following endorsement.
"Appeal against acquitted is
maintainable Honble High Court call
on 22.12.2021." "Arguments"
6. It is strange to see that how such recordings are being made,
despite the fact that this Court in the Judgment stated supra, by
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Crl.O.P.No.23262 of 2021
discussing various aspects and decisions has held that the Appeal against
acquittal shall be filed before this Court, which position is known to the
learned Judge.
7. Considering the submissions made by learned counsel appearing
on either side and also in view of the Division Bench Judgment of this
Court stated supra, the III Additional District Judge, Coimbatore is
directed to transmit the Appeal pending on his file in C.A.No.244 of
2019, to the file of this Court forthwith i.e., on receipt of this order. It is
further represented that several of Appeals against acquittal are still
pending in the various Courts of Coimbatore District.
8. In view of the same, the learned Principal District Judge,
Coimbatore is directed to take steps to ensure to implement the order of
this court and cases are transferred to this Court without further delay.
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Crl.O.P.No.23262 of 2021
9. This Criminal Original Petition is disposed of accordingly.
09.12.2021
Index: Yes/No
Internet: Yes/No
arr
Note: Issue order copy on 14.12.2021
To
1. The III Additional District and Sessions Judge, Coimbatore
2. The Principal District Judge, Coimbatore
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23262 of 2021
M.NIRMAL KUMAR, J.
arr
Crl.O.P.No.23262 of 2021
09.12.2021
https://www.mhc.tn.gov.in/judis
