M/S Aamir Leather Industry v. M/S Irbaz Shoe Company

Crl.O.P.No.21095 of 2023 in Crl.A.SR No.43299 of 2023 Crl.O.P.No.21095 of 2023 in Crl.A.SR.No.43299 of 2023 R.HEMALATHA, J.

This petition is filed under Section 389 (1) Cr.P.C, to grant leave to prefer an appeal against the judgment dated 04.07.2023 made in C.C.No.18 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court at Magistrate Level, Alandur.

2. Heard Mr.G.Moorthi, learned counsel for the petitioner.

3. Learned counsel for the petitioner contended that the accused admitted his signature on the cheque. However, the Trial Court Judge acquitted him on the ground that the complainant is one of the partners in the partnership firm and that the partnership firm did not authorise him to file a complaint under Section 200 Cr.P.C. Hence, the complaint is not maintainable.

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.21095 of 2023 in Crl.A.SR No.43299 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". 14.09.2023 vum Crl.O.P.No.21095 of 2023 in Crl.A.SR.No.43299 of 2023 2/2 https://www.mhc.tn.gov.in/judis