Madras High CourtCRL OP/19634/2024leave granted

Chandrasekaran v. Rajathi

2025-01-21Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-01-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CHANDRASEKARAN S/o.Muthukrishnan, 15, 3rd Main Road, Jawahar Nagar, Chennai - 600 082.

... Petitioner in all Crl.O.Ps.(s) Vs RAJATHI Plot No.29, Venkateswara Nilayam, Perumalpet Veppampet, Thiruvallur District Pin Code - 602 024.

... Respondent in Crl.O.P.No.19634/2024 BALASUBRAMANIAN Plote No. 29, Venkateswara Nilayam, Perumalpet, Veppampet, Thiruvallur District Pin Code 602024 ... Respondent in Crl.O.P.No.19673/2024 YUVARANI Plot No.29, Venkateswara Nilayam, Perumalpet, Veppampet, Thiruvallur District, Pin Code - 602 024.

... Respondent in Crl.O.P.No.19699/2024 Page No.1 of 4

For Petitioner(s):

in all Crl.O.Ps.

Mr.M.Mohana Sundaram COMMON ORDER Aggrieved by the acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the petitioner/appellant has filed the present petitions seeking leave to file an appeal.

2.The learned counsel for the petitioner would submit that the respondent had issued the subject cheque towards discharge of his/her liability since he/she could not fulfill his/her promise to obtain a job for the petitioner's son; that the trial Court however had erroneously relied upon Section 23(f) of the Indian Contract Act, 1872 to hold that the contract between the petitioner and the respondent is unenforceable; that the complaint and evidence would show that the promise was not to obtain employment in public service but in a private company and, therefore Section 23(f) of the said Act would not be applicable. Page No.2 of 4

3.The issue raised by the learned counsel for petitioner requires consideration by this Court. Hence, leave is granted to file an appeal. 4.The Registry is directed to number the appeals, if they are otherwise in order.

21-01-2025 rsi To 1.RAJATHI Plot No.29, Venkateswara Nilayam, Perumalpet Veppampet, Thiruvallur District Pin Code - 602 024. 2.BALASUBRAMANIAN Plote No. 29, Venkateswara Nilayam, Perumalpet, Veppampet, Thiruvallur District Pin Code 602024 3.YUVARANI Plot No.29, Venkateswara Nilayam, Perumalpet, Veppampet, Thiruvallur District, Pin Code - 602 024. Page No.3 of 4

SUNDER MOHAN., J.

rsi 21.01.2025 Page No.4 of 4