Ms. Balaji Trading Co., v. Shanti.B

Crl. O.P. No.21642 of 2023 in Crl.A.SR No.44723 of 2023 Crl. O.P. No.21642 of 2023 in Crl.A.SR No.44723 of 2023 R.HEMALATHA, J.

This petition is filed under Section 378(4) Cr.P.C, to grant leave to file an appeal against the judgment dated 28.06.2023 made in C.C.No.5842/2011 on the file of the Metropolitan Magistrate, Fast Track Court, Magistrate Level-V, Saidapet, Chennai.

2. Heard Ms.L. Kanimozhi, learned counsel for the petitioner.

3. Learned counsel for the petitioner/appellant contended that though the accused admitted his signature on the cheque and also his liability to pay the amount to the complainant, the trial court had put the entire burden upon the complainant and acquitted the accused on the ground that the complainant had not discharged his initial burden of proving the liability of the accused. According to her, there are arguable points in the present appeal and therefore, prayed for allowing this petition.

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Crl. O.P. No.21642 of 2023 in Crl.A.SR No.44723 of 2023 R.HEMALATHA, J.

bga

4. In the facts and circumstances, 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" in the usual course.

21.09.2023 bga Crl. O.P. No.21642 of 2023 in Crl.A.SR No.44723 of 2023 2/2 https://www.mhc.tn.gov.in/judis