Padmanabhan v. Annamalai

Crl.O.P.No.11263 of 2021 in Crl.A.SR.No.20322 of 2021 P.VELMURUGAN, J.

The petitioenr is complainant and the respondent is accused. The petitioner filed a private complaint under Section 200 Cr.P.C. for the offence under Section 138 of Negotiable Instruments Act before the Judicial Magistrate (Fast Track Court) Hosur in STC No.248 of 2017 and the learned Magistrate dismissed the complaint. Challenging the said order, the complainant has filed the present appeal before this Court. Since, the appeal is against acquittal, he has also filed the Criminal Original petition to grant leave.

2. On perusal of record shows that the signature is admitted and the execution of cheque is also admitted, but, the main defence taken by the accused is he has discharged his liability.

3. Perused the grounds of appeal and there are arguable points. Therefore, leave is granted.

4. Registry is directed to take the appeal, if it is otherwise in order and list the matter after three weeks.

08.09.2021 ksa-2 https://www.mhc.tn.gov.in/judis/

P.VELMURUGAN, J.

ksa-2 Crl.O.P.No.11263 of 2021 in Crl.A.SR.No.20322 of 2021 08.09.2021 https://www.mhc.tn.gov.in/judis/