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Madras High CourtCRL OP/1586/2022leave granted

P.Rajasekar v. P.Karthikeyan

2022-01-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.1586 of 2022 Crl.O.P.No.1586 of 2022 in Crl.A.SR.No.408 of 2022 A.D.JAGADISH CHANDIRA, J.

(This case has been heard through Video conference) The learned counsel for the petitioner would submit that the accused had admitted the issuance of the cheque and the signature in the cheque, whereas the trial Court wrongly shifting the burden of proof on the petitioner/complainant ignoring the statutory presumptions under Sections 118 and 139 of Negotiable Instruments Act, erred in acquitting the accused.

2. Having heard the counsel and perused the materials available on record, this Court is of the opinion that a prima facie case is made out for grant of leave.

3. Leave granted.

28.01.2022.

tsh Note: Registry is directed to number the appeal, if it is otherwise in order. 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.1586 of 2022 A.D.JAGADISH CHANDIRA,J.

tsh Crl.O.P.No.1586 of 2022 in Crl.A.SR.No.408 of 2022 28.01.2022.

2/2 https://www.mhc.tn.gov.in/judis