Madras High CourtCRL OP/24665/2022allowed

K.Sakthivel v. S.Mageshwari

2023-01-03Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.24665 of 2022 in Crl.A.Sr.No.41509 of 2022 K.Sakthivel ... Petitioner /versus/ S.Mageshwari.

... Respondent Prayer : Criminal Original Petition is filed under Section 378 (4) of Cr.P.C., to grant special leave to the petitioner by permitting him to prosecute the above Criminal Appeal before this Hon'ble Court against the order of acquittal dated 30.04.2021 made in C.A.No.140 of 2019 on the file of the First Additional Sessions Court, Salem.

For Petitioner ... Mr.A.Saravanan

O R D E R

This Criminal Original Petition is filed by the petitioner to grant special leave against the acquittal order passed by the Learned First Additional Sessions Judge, Salem in C.A.No.140 of 2019, dated 30.04.2021. 1/4

2. The Learned Counsel for the petitioner contended that the petitioner has filed a complaint against the respondent/accused for committing the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

3. After considering the oral and documentary evidence, the trial Court convicted the accused for the offence punishable under Section 138 of N.I Act and sentenced him to undergo 6 months S.I and to pay cheque amount of Rs.10,00,000/-, within a period of three months to the complainant.

4. Aggrieved by that, the respondent/accused filed C.A.No.140 of 2019 before the Additional Sessions Court, Salem. The First Appellate Court, without considering the evidence let by the complainant before the trial Court, acquitted the accused person. Since there is sufficient evidence to make out the offence, the petition has been filed to grant special leave to prosecute the above Crl.A.Sr.No.41509 of 2022. 2/4

5. In view of the above, this Court is inclined to grant leave. Accordingly, the Criminal Original Petition is allowed. 03.01.2023 Index : Yes/No.

Internet :Yes/No.

bsm To

1. The First Additional Sessions Court, Salem. 3/4

V.SIVAGNANAM, J.

bsm Crl.O.P.No.24665 of 2022 03.01.2023 4/4