B.Govindaraj v. M/S.Popatlal Kothari And Sons

Crl.O.P.No.19718 of 2023 in Crl.A.SR No.40682 of 2023 Crl.O.P.No.19718 of 2023 in Crl.A.SR.No.40682 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 13.07.2023 made in C.C.No.1176 of 2011 on the file of the learned Metropolitan Magistrate, Fast Track Court I, Egmore @ Allikulam, Chennai - 03.

2. Heard Mr.V.V.Sairam, learned counsel for the petitioner.

3. Learned counsel for the petitioner contended that the complaint filed by the petitioner/complainant under Section 200 of Cr.P.C. against the respondents / accused for the offence punishable under Section 138 of the Negotiable Instruments Act, was dismissed for non prosecution and the accused was acquitted under Section 256 of Cr.P.C. His further contention is that there are arguable points in the main appeal and therefore, he sought for granting leave.

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Crl.O.P.No.19718 of 2023 in Crl.A.SR No.40682 of 2023 R.HEMALATHA, J.

vum

4. Considering the facts and circumstances of the case, leave is granted as prayed for.

5. Registry is directed to number the Criminal Appeal, if it is otherwise in order and list the matter under the caption "For Admission". 29.08.2023 vum Crl.O.P.No.19718 of 2023 in Crl.A.SR.No.40682 of 2023 2/2 https://www.mhc.tn.gov.in/judis