Zahir M.Irani v. Babu Raj

Crl.OP No.27473 of 2015 in Crl.A.SR.No.49863 of 2015 A.SELVAM,J.

This Criminal Original Petition has been filed praying to grant permission to prefer Criminal Appeal Sr.No.49863 of 2015 on the file of this Court.

2. It is averred in the petition that the petitioner, as complainant, has filed the complaint in question under section 138 of Negotiable Instruments Act, 1881 on the file of the Metropolitan Magistrate, Fast Track Court No.4, George Town, Chennai and the same has been taken on file in C.C.No.4983 of 2010, wherein the present respondent has been shown as sole accused. The trial court, after considering the available evidence on record, has dismissed the complaint and thereby acquitted the accused.

Against the order of acquittal, Criminal Appeal Sr.No.49863 of 2015 has been filed on the file of this Court. Under the said circumstances, present petition has been filed for getting the relief sought therein.

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

In fine, this petition is allowed.

06.11.2015 ajr