J.Udhayakumar v. A.Abishanth

in Crl.A.SR.No.1736 of 2022 R.PONGIAPPAN, J.

This petition has been filed praying to grant leave to file an appeal against the order of acquittal dated 10.11.2021 passed in Crl.A.No.322 of 2019 on the file of the learned XX Additional Sessions Judge (XXII Additional City Civil Court(FAC)), Chennai.

2. Heard, the learned counsel appearing for the petitioner.

3. The learned first appellate court has held that the accused is a mentally ill person. Further, the alleged cheque has been issued during the period while he was under treatment. On the other hand, the trial court has held that the accused is the competent person and making his defence as per the law required. Therefore, the contradictory findings arrived at by the court below in respect to the alleged illness suffered by the accused require detailed appreciation.

4. Hence in view of the same, leave is granted and this criminal original petition is allowed.

29.04.2022 lok Note: Registry is directed to number the appeal, if it is otherwise in order.

R.PONGIAPPAN, J.

lok in Crl.A.SR.No.1736 of 2022 29.04.2022