K.Sunitha v. L.Kumarappan

CRL OP NO. 1005 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-01-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 1005 of 2025 in Crl.A.SR.No.635 of 2025 K.Sunitha W/o.G.V.Ramesh, Rep.By Her Power Agend K.Kiran Kumar 2c, 2, Arihant Esta Church Road, Chennai 600 037 Petitioner(s) Vs L.Kumarappan S/o.K.M.Lakshmanan, Flat No.2-a And 2-b Ii Floor Devaraj Nagar 3rd Cross Street, Cholinganallur Chennai 600 119 Respondent(s) For Petitioner(s):

Mr.A.M.O.Gurunarayana Rao For Respondent(s):

ORDER

Learned counsel for the petitioner would submit that though the respondent had not denied the issuance of cheque, the trial Court had erroneously held that the respondent had rebutted the statutory presumption by holding that the cheques were issued for the security purposes and the same was misused by the petitioner.

2. The question as to whether the cheques were issued for the legally enforceable debt requires consideration by this Court. Hence, leave granted to file an appeal.

3. Registry is directed to number the above appeal and post it for admission if the papers are otherwise in order.

20-01-2025 kas https://www.mhc.tn.gov.in/judis