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Madras High CourtCRL OP/13426/2021granted

T..Md.Moin v. M/S.Benson Tranquillity Owners Association,

2021-08-03Honourable Mr Justice P. Velmurugan3 pages

P.VELMURUGAN, J.

The petitioner/complainant herein filed a private complaint under Section 200 Cr.P.C for the offence under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'N.I Act') before the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai and the same was taken on file in C.C.No.3906 of 2017. After trial, the learned Metropolitan Magistrate by an order dated 10.09.2018 convicted and sentenced the respondents/accused and also awarded compensation. Aggrieved by the said judgment, the respondents/accused herein filed an appeal in Crl.A.No.524 of 2018 on the file of the learned VI Additional Sessions Judge, City Civil Court, Chennai. By order dated 10.12.2020, the learned Sessions Judge allowed the appeal and acquitted the respondents/accused. Challenging the same, the complainant has come forward with the present Criminal Appeal.

2. Heard Mr.M.Ajmal Khan, learned Senior Counsel appearing for the petitioner/complainant and perused the materials available on record. Page No.1/3

3.On being satisfied with the averments made in support of this petition and also considering the submissions made by the learned Senior Counsel appearing for the petitioner, this Court finds that there are arguable grounds for filing the appeal. Accordingly, leave is granted. 4.Registry is directed to number the Criminal Appeal, if it is otherwise in order.

03.08.2021 ms Page No.2/3

P.VELMURUGAN, J.

ms 03.08.2021 Page No.3/3