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Madras High CourtCRL OP/27378/2015allowed

V.S.Vijayakumar v. K.Mani

2015-11-05Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Criminal Original Petition No.27378 of 2015 in Crl.A.SR.NO.49670 of 2015 --- V.S.Vijayakumar ..

Petitioner Vs K.Mani .. Respondent Prayer:- This Criminal Original Petition has been filed under Section 378(4) of the Criminal Procedure Code, to grant special leave to the petitioner to file the above appeal before this Hon'ble Court against the Judgment dated 25.09.2015 passed in C.C.No.276 of 2010 on the file of the Judicial Magistrate Court No.I, Erode acquitting the respondent.

For Petitioner : Mr. I.C.Vasudevan

ORDER

This Criminal Original Petition has been filed praying to grant permission to prefer Criminal Appeal SR.No.49670 of 2015 on the file of this Court.

2. It is averred in the petition that the petitioner as complainant, has filed a complaint under Section 138 of the Negotiable Instrument Act, 1881 and the same has been taken on file in Calendar Case No.276 of 2010, wherein the present respondent has been shown as sole accused. Further, it is stated in the petition that the trial court, after considering the available evidence on record has dismissed the petition. Against the order of dismissal, the present Criminal Original Petition has been filed on the file of this Court. Under the https://hcservices.ecourts.gov.in/hcservices/

said circumstances, the present petition has been filed.

3. Considering the nature of relief sought in the present petition, the same can be allowed.

In fine, this Criminal Original Petition is allowed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrp To

1. The Judicial Magistrate No.I Erode 2.Do Thro The Chief Judicial Magistrate Erode 3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.27378 of 2015 mg(co) aa26/11/2015 https://hcservices.ecourts.gov.in/hcservices/