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Madras High CourtCRL OP/22266/2023granted

R.Rajeshkumar v. Sri Sai Santhi Traders

2023-09-27Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.No.22266 of 2023 in Crl.A.SR No.14330 of 2023 Crl.O.P.No.22266 of 2023 in Crl.A.SR.No.14330 of 2023 R.HEMALATHA, J.

This petition is filed under Section 378 (4) Cr.P.C., to grant leave to prefer an appeal against the judgment dated 25.01.2023 made in S.T.C.No.141 of 2021 on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial level, Tiruvallur.

2. Heard Mr.R.Sathish Kumar, learned counsel for the petitioner.

3. Learned counsel for the petitioner contended that in the reply notice, the accused had admitted that he had issued a cheque in favour of the complainant during the year 2018 whereas in his evidence before the Court, he had stated that he issued the cheque in the year 2016. The trial Court on its part had held that the complainant had not proved his wherewithal to lend a huge sum of Rs.15 lakhs to the accused.

4. In the said 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.22266 of 2023 in Crl.A.SR No.14330 of 2023 R.HEMALATHA, J.

vum

5. Registry is directed to number the Criminal Appeal, if it is otherwise in order and list the matter under the caption "For Admission". 27.09.2023 vum Crl.O.P.No.22266 of 2023 in Crl.A.SR.No.14330 of 2023 2/2 https://www.mhc.tn.gov.in/judis