K.M.Mohamed Ilyas v. R.Padmanaban

in Crl.A.SR No.9771 of 2023 R.HEMALATHA, J.

This petition is filed under Section 378 (4) Cr.P.C, to grant special leave to prefer an appeal against the judgment dated 19.01.2023 made in C.C.No.352 of 2019 on the file of the Judicial Magistrate, Fast Track Court, (Magistrate Level), Alandur.

2. Heard Mr. Nixon, learned counsel for the petitioner and Mr.N.Arunkumar, learned counsel for the respondent.

3. Learned counsel for the petitioner contended that though the respondent/accused did not denying his signature on the cheque, the trial Court had acquitted the accused. The trial court had not gone into the presumptions under Sections 118 and 139 of the Negotiable Instruments Act.

4.In the said circumstances of the present case, there are arguable points in the main appeal and therefore, special leave is granted as prayed for.

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

21.07.2023 mtl 2/3

R.HEMALATHA, J.

mtl 21.07.2023 3/3