S.GANAPATHY Vs. N.SENTHILVEL

JUDGEMENT

(1.) Crl.A.(Md).No.99 of 2015 was directed against the judgment of the learned Judicial Magistrate No.1, Tirunelveli in C.C.No.337 of 2013 dated 17.6.2014, in and by which, the respondent in the appeal was acquitted on finding that the respondent/accused was not guilty of an offence under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The appellant in the present appeal was the complainant before the Lower Court. As against the acquittal, he filed the present appeal under Section 378 of Cr.P.C. The papers in the appeal were presented before this Court on 20.10.2014. The Registry raised an objection as to how the appeal was maintainable, as it was filed beyond 60 days as laid down under Section 378(5) of Cr.P.C.

(3.) The counsel for the appellant produced a copy of the judgment of the Supreme Court in A.V.Murthy Vs. B.S.Nagabasavanna, 2002 2 SCC 642 to contend that the complaint was not based upon a dishonoured cheque drawn in respect of a debt or a liability payable under contract and hence, not legally enforceable and such a claim was prohibited under law. Perhaps the Registry, convinced of such a representation, numbered the appeal and it was directed to be posed along with Criminal Appeal (MD) Nos. 100 and 101 of 2015 by a learned Single Judge having the roster. When these three matters were grouped and posed before the learned Judge (Nagamuthu,J) on 20.4.2015, he passed the following order:-