G.Raja v. V.S.Selva Vinayagam

Crl.O.P.No.4178 of 2022 in Crl.A.SR.No.48695 of 2021 R.PONGIAPPAN, J.

This petition has been filed praying to grant leave to file an appeal against the order of acquittal dated 22.11.2021 passed in STC.No.2562 of 2017 on the file of the learned Judicial Magistrate at Tiruvottiyur.

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

3. The learned counsel appearing for the petitioner / complainant submitted that in the judgment rendered by the trial court, stand taken by the respondent / accused is that the alleged cheque has been issued by the respondent for the purpose of obtaining metro water connection. On the other hand, before the date of which the cheque was issued, the accused obtained service connection, but without seeing the same the trial court acquitted the accused. However in respect to the liability, detailed appreciation is necessary.

4. 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.

5. Accordingly, this criminal original petition is allowed. 01.03.2022 lok Note: Registry is directed to number the appeal, if it is otherwise in order.

R.PONGIAPPAN, J.

lok 01.03.2022