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Madras High CourtCRL OP/14949/2020granted

R.Saravanan v. M.M.Syed Sikkander

2020-10-13Honourable Mr Justice P. N. Prakash2 pages

Crl.O.P. No.14949 of 2020 in Crl. A. SR. No.23986 of 2020 Crl.O.P. No.14949 of 2020 in Crl. A. SR. No.23986 of 2020 Reserved on : 24.09.2020 Pronounced on :13.10.2020 P.N. PRAKASH, J.

The complainant initiated a prosecution in C.C. No.6670 of 2016 in the Court of the Metropolitan Magistrate (Fast Track Court No.I), Egmore at Allikulam, Chennai, under Section 138 of the Negotiable Instruments Act, 1881, in which, the trial Court acquitted the accused on 31.01.2020, assailing the legality and validity of which, the complainant has preferred the instant criminal original petition invoking Section 378(4) Cr.P.C. seeking special leave to prefer an appeal against the judgment and order of acquittal.

On a perusal of the judgment and order passed by the trial Court, it is seen that the accused has been acquitted on the ground that the impugned cheque dated 22.03.2016 has been presented on the last date of its validity, viz., 18.06.2016, P.N. PRAKASH, J.

cad for which, the complainant has not given any satisfactory explanation. This http://www.judis.nic.in 1/2

Crl.O.P. No.14949 of 2020 in Crl. A. SR. No.23986 of 2020 reasoning assigned by the trial Court may not hold good. Hence, leave is granted. Registry is directed to number the appeal if the same is otherwise in order.

13.10.2020 cad Pre-delivery order in Crl.O.P. No.14949 of 2020 in Crl. A. SR. No.23986 of 2020 http://www.judis.nic.in 2/2