Madras High CourtCRL OP/10055/2025granted

A.M.Thukaram v. T. Senthamizh Selvan

2025-04-03Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-04-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN in CRL A SR No.19837 of 2025 A.M.Thukaram S/o. A.P. Mayakrishnan, 19, Mangesh Street, T.nagar, Chennai 600 017 Petitioner(s)s Vs T. Senthamizh Selvan S/o. M. Thilagarajan, B-14, Vembuli Apartment, South Lock Street, Kotturpuram, Chennai- 600 085 Respondent(s) PRAYER: Criminal Original Petition filed under Section 419 (4) of B.N.S.S. 2023 to grant Special Leave to Prosecute the above appeal before this Court against the order of acquittal dated 20.01.2025 made in STC No.2637 of 2022 on the file of the learned XXVII Metropolitan Magistrate (Fast Track Court for Trial of Cases under Section 138 Negotiable Instruments Act) Saidapet, Chennai.

For Petitioner(s):

Mr.N.Manoharan

ORDER

This Criminal Original Petition has been filed by the petitioner/ complainant to grant Special Leave to Prosecute the appeal in Crl.A.No.19837 of 2025 before this Court against the order of acquittal dated 20.01.2025 made in STC No.2637 of 2022 on the file of the learned XXVII Metropolitan Magistrage (Fast Track Court for Trial of Cases under Section 138 Negotiable Instruments Act ) Saidapet, Chennai.

2. The case of the petitioner is that he filed a complainant in STC No.2637 of 2022 on the file of the learned XXVII Metropolitan Magistrage (Fast Track Court for Trial of Cases under Section 138 Negotiable Instruments Act ) Saidapet, Chennai. against the respondent for the offence under Section 138 of Negotiable Instruments Act whereas, the learned Magistrate dismissed the case by judgment dated 20.01.2025 and acquitted the respondent and hence, challenging the judgment of acquittal, the petitioner wants to file an appeal and therefore, the present petition has been filed seeking grant of special leave.

3. A reading of the materials shows that the respondent/accused has not denied the signature found in the disputed cheque and also the execution and

that there are arguable grounds raised in the grounds of appeal.

4. Hence, special leave is granted.

03-04-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Registry is directed to take the appal if the papers are otherwise in order. To The XXVII Metropolitan Magistrate (Fast Track Court for Trial of Cases under Section 138 Negotiable Instruments Act) Saidapet, Chennai.

P.VELMURUGAN,J.

ksa-2 CRL OP No. 10055 of 2025 in CRL A SR No.19837 of 2025 03-04-2025