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Madras High CourtCRL OP/14705/2023granted

M.Senthilkumar v. G.Kumarasamy

2023-07-03Honourable Mrs Justice R. Hemalatha3 pages

Crl. O.P. No.14705 of 2023 and Crl. A SR No.56136 of 2023 R.HEMALATHA, J.

This petition is filed under Section 378(4) Cr.PC to grant Special leave to file the above appeal against the order passed in S.T.C. No.12 of 2015 on the file of the Judicial Magistrate No.II, Gobichettipalayam, Erode, dated 10.12.2020.

2. Heard Mr.N. Chinnaraj, learned counsel for the petitioner.

3. The specific contention of the learned counsel for the petitioner is that though the respondent/accused admitted his signature on the cheque, the trial court put the entire burden upon the complainant to prove the case, forgetting Sections 118 and 139 of the Negotiable Instruments Act.

4. In the circumstances, special leave is granted.

5. Registry is directed to number the Criminal Appeal, if it is in 1/3

order, prepare the typed set of papers and list the appeal next week. 03.07.2023 bga 2/3

R.HEMALATHA, J.

bga Crl. O.P. No.14705 of 2023 and Crl. A SR No.56136 of 2023 03.07.2023 3/3