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Madras High CourtCRL OP/22007/2021leave granted

Madheswaran v. M/S.Annamalai Tex Exports(Pvt.) Ltd.,

2021-12-08Honourable Mr Justice A.D.Jagadish Chandira1 pages

Crl.O.P.No.22007 of 2021 in Crl.A.SR.No.17058 of 2021 A.D.JAGADISH CHANDIRA, J.

Learned counsel for the petitioner/appellant would submit that in this case, the accused had sent a reply stating that the cheques were stolen whereas the trial court on erroneous finding of fact and law and holding that the cheques were taken under coercion in a police station and there was no legally enforceable debt, had dismissed the complaint. The trial court failed to take into consideration the provisions regarding statutory presumption under the Act. Prima facie case has been made out. Leave is granted.

08.12.2021 Note:Registry is directed to number the appeal, if it is otherwise in order.

shk/vri https://www.mhc.tn.gov.in/judis