Madras High CourtCRL OP/19516/2024leave granted

P.R.Santharam Sah v. M.P.Suresh

2024-12-10Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2024

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN P.R.SANTHARAM SAH S/O.K.RADHAKRISHNA SAH, NO.4/20, GURUMURTHY GARDEN STREET, PERAMBUR, CHENNAI-600 011.

APPELLANT(S) Vs M.P.SURESH FATHER NAME NOT KNOWN, OLD NO.20, NEW NO.24, 1ST FLOOR, SCHOOL ROAD, PERAMBUR, CHENNAI600 011. PRESENTLY RESIDING AT NO.55/40, SCHOOL ROAD, BRINDAVAN APARTMENT, HALF VADIVELU THIRD CROSS, PERAMBUR, CHENNAI-600 011.

RESPONDENT(S) For Appellant(s):

T.S.RAJAMOHAN For Respondent(s):

V.RAMANAREDDY A.SIKKANDAR-MS/151/1992

ORDER

Aggrieved by the acquittal of the respondent for the offences punishable under Section 138 of Negotiable Instruments Act, the petitioner/complainant has filed the present petition seeking leave to file an appeal.

2. The learned counsel for the petitioner would submit that the respondent had not rebutted the statutory presumption; that only on the

ground that the petitioner had not established his capacity to lend the huge sum of Rs.6,00,000/-; that there is evidence to prove the debt; that the trial Court had erroneously acquitted the respondent; and that therefore, the judgment of the trial Court is liable to be set aside

3. The points raised by the petitioner require consideration by this Court and hence, leave is granted to file an appeal.

4. Registry is directed to number the appeal and post for admission, if it is otherwise in order.

10.12.2024 ars

SUNDER MOHAN , J.

ars To

1. M.P.SURESH FATHER NAME NOT KNOWN, OLD NO.20, NEW NO.24, 1ST FLOOR, SCHOOL ROAD, PERAMBUR, CHENNAI600 011. PRESENTLY RESIDING AT NO.55/40, SCHOOL ROAD, BRINDAVAN APARTMENT, HALF VADIVELU THIRD CROSS, PERAMBUR, CHENNAI-600 011.

10.12.2024