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M.JEYAPAUL
Dr. S. Magalingam – Appellant
Versus
A. Ganesan – Respondent


Advocates:
Counsel for the Parties:
For the Respondent:Mrs. G. Thilagavathi, Advocate.
For the Amicus Curiae:Mr. B. Sriramulu, Sr. Advocate.

Order

M. Jeyapaul, J.—The petition is filed by the petitioner respondent to recall the Orders passed by this Court on 17.11.2005 in Crl. O.P. No.31531 of 2005 and Crl. A. No.897 of 2005.

2. This Court was pleased to grant special leave in Crl. O.P. No.31531 of 2005 to prefer the Criminal Appeal No.897 of 2005 as against the Judgment of acquittal passed by the Trial Court for offences under Section 138 of the Negotiable Instruments Act.

3. The petitioner has contended in the petition that this Special Leave Petition in Cri. M.P. No.350 of 2006 was entertained and allowed by this Court without there being any application to condone the delay in preferring the special leave petition as against the Judgment of the Trial Court passed on 29.7.2005. It has been contended that the appeal itself should not have been numbered even before the Special Leave Petition was disposed of by this Court. Simultaneous numbering of the Special Leave Petition as well as the Criminal Appeal is against the spirit of Section 378 of the Criminal Procedure Code.

4. Considering the importance in the challenge made by the petitioner herein as against the procedure adopted by the Registry, the Court thought it fi

































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