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Madras High CourtCRL OP/13897/2023delay condoned

K. Mahalakshmi v. P.Senthil Lewis

2023-08-07Honourable Mrs Justice R. Hemalatha2 pages

Crl. O.P. No.13897 of 2023 in Crl.A.SR No.7379 of 2023 Crl. O.P. No.13897 of 2023 in Crl.A.SR No.7379 of 2023 R.HEMALATHA, J.

This petition is filed under Section 378 (4) Cr.P.C, to grant leave to the petitioner to present this criminal appeal challengin the impugned judgment of the learned Judicial Magistrate at Udhagamandalam in S.T.C.No.366/2018 dated 13.09.2022.

2. Heard Mr.Thangavadhanabalakrishnan, learned counsel for the petitioner.

3. Learned counsel for the petitioner contended that the trial Court had acquitted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act on the ground that the complainant had not proved his financial capacity to lend a sum of Rs.10,00,000/- to the accused.

4.In the circumstances, there are arguable points in the main appeal and therefore, leave is granted as prayed for. 1/2 https://www.mhc.tn.gov.in/judis

Crl. O.P. No.13897 of 2023 in Crl.A.SR No.7379 of 2023 R.HEMALATHA, J.

mtl 5.Registry is directed to number the Criminal Appeal, if it is otherwise in order and list the matter under the caption "For Admission" in the usual course.

07.08.2023 mtl Crl. O.P. No.13897 of 2023 in Crl.A.SR No.7379 of 2023 2/2 https://www.mhc.tn.gov.in/judis