M/S.Keygee Bright Livestock vs M.Chenniappan
2023 Latest Caselaw 12821 Mad

                                                                        Crl.O.P.No.21537 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 20.09.2023

                                                    CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                             Crl.O.P.No.21537 of 2023

                     1.M/s.Keygee Bright Livestock,
                       India Private Limited,
                       Represented by its Managing Director,
                       G.V.Karthickshankar,
                       S.F.No.22 C, Senthankantham Complex,
                       Erode Main Road,
                       Gobichettipalayam, Erode.

                     2.G.V.Karthickshankar
                       S/o.Vellingiri,
                       Managing Director,
                       M/s.Keygee Bright Livestock,
                       India Private Limited,
                       S.F.No.22 C, Senthankantham Complex,
                       Erode Main Road,
                       Gobichettipalayam, Erode.

                     3.Gayathri,
                       Mr.G.V.Karthickshankar,
                       M/s.Keygee Bright Livestock,
                       India Private Limited,
                       S.F.No.22 C, Senthankantham Complex,
                       Erode Main Road,
                       Gobichettipalayam, Erode.                        ... Petitioners
                                                     Vs.


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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.21537 of 2023

                     M.Chenniappan
                     S/o.Marappa Gounder                                            ... Respondent

                                  Criminal Original Petition under Section 482 of the Criminal
                     Procedure Code praying to direct the learned District and Sessions Judge at
                     Tirupur, to entertain and to number the above Criminal Appeal in
                     C.A.SR.No.3087 of 2023.
                                        For Petitioners    : Mr.G.Nirmal Krishnan

                                                            ORDER

This Criminal Original Petition has been filed for a direction to the

learned District and Sessions Judge, Tirupur, to entertain and number the

Criminal Appeal against the judgment passed by the learned Judicial

Magistrate, Palladam in S.T.C.No.7321 of 2015 convicting the petitioners

for offence u/s.138 of Negotiable Instrument Act.

2. Heard Mr.G.Nirmal Krishnan, learned counsel for petitioners.

3. It is seen from the endorsement that the Criminal Appeal is not

entertained on the ground that NBW was issued against the petitioners by

the trial Court at the time of passing judgment.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21537 of 2023

4. In the considered view of this Court, the issuance of NBW cannot a

bar for filing Criminal Appeal. It may have some relevance only while

considering the application for suspense of sentence. This clarity shall be

kept in mind by the Court below and the Criminal Appeal can be numbered

and proceeded with in accordance with law.

This Criminal Original Petition is disposed of in the above terms.

20.09.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rjr/gm

To The District and Sessions Judge, Tirupur.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21537 of 2023

N.ANAND VENKATESH,J

gm

Crl.O.P.No.21537 of 2023

20.09.2023

https://www.mhc.tn.gov.in/judis