Kamalesh Kumar Surana v. Solomon John

Crl.O.P.No.17527 of 2021 in Crl.A.SR.No.7531 of 2021 P.VELMURUGAN, J.

The petitioner is complainant and the respondent is accused. The petitioner had filed a private complaint for the offence under Section 138 of Negotiable Instruments Act before the III Metropolitan Magistrate, George Town, Chennai, in C.C.No.915 of 2013 and the learned Metropolitan Magistrate after enquiry, convicted the respondent and sentenced him to undergo one year simple imprisonment and to pay compensation of Rs.1,70,000/-, by Judgment dated 01.08.2018.

2. Challenging the Judgment of conviction and sentence, the respondent filed an appeal before the III Additional Seesions Judge, Chennai, in Crl.A.No.470 of 2018 and the learned Sessions Judge after hearing the case, reversed the Judgment of the trial Court and acquitted the respondent by order dated 25.02.2020. Challenging the same, the petitioner/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.

3. Heard the learned Counsel for the petitioner and perused the grounds of appeal.

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P.VELMURUGAN, J.

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4. Since, the appeal is against reversal Judgement and there are arguable points in the grounds of appeal, leave is granted.

5. Registry is directed to take the appeal on file, if it is otherwise in order.

22.09.2021 ksa-2 Crl.O.P.No.17527 of 2021 in Crl.A.SR.No.7531 of 2021 2/2 http://www.judis.nic.in