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Madras High CourtCRL OP/18778/2023granted

Latchathipathy v. Pandian

2023-08-18Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.No.18778 of 2023 in Crl.A.SR No.39841 of 2023 Crl.O.P.No.18778 of 2023 in Crl.A.SR.No.39841 of 2023 R.HEMALATHA, J.

This petition is filed under Section 378 (3) Cr.P.C, to grant leave to prefer an appeal against the judgment dated 21.06.2023 made in C.C.No.11 of 2021 on the file of the learned Judicial Magistrate-I, Kallakurichi.

2. Heard Mr.J.Kowser Nissar, learned counsel for the petitioner.

3. Learned counsel for the petitioner contended that though the accused admitted his signature on the cheque, the trial Court had acquitted the accused and that the trial court had not taken into account the presumption under Sections 118 and 139 of the Negotiable Instruments Act.

4.In the said circumstances, there are arguable points in the main appeal and therefore, leave is granted as prayed for. 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.18778 of 2023 in Crl.A.SR No.39841 of 2023 R.HEMALATHA, J.

vum

5. Registry is directed to number the Criminal Appeal, if it is otherwise in order and list the matter under the caption "For Admission". 18.08.2023 vum Crl.O.P.No.18778 of 2023 in Crl.A.SR.No.39841 of 2023 2/2 https://www.mhc.tn.gov.in/judis