P.Murugan v. S.K.Anand

Crl.O.P.No. 24091 of 2025 in Crl.A. SR. No. 19568 of 2025 T.V. THAMILSELVI, J.

This petition has been filed seeking to grant leave to file the above appeal as against the order of acquittal passed by learned Judicial Magistrate at Magisterial Level, FTC, Alandur in C.C.No.122 of 2021 dated 21.01.2025.

2. Mr.D.Rajagopal, learned counsel for petitioner submitted that though the accused sent reply notice to the statutory demand notice issued by the complainant, the same was not served on the complainant. Even in the unserved reply notice, he has not denied issuance of cheque and signature. Furthermore, to prove his case, the accused either produce evidence in support of his case nor disprove the documents marked on behalf of complainant. But, it was not considered by the court below. Hence, the judgment of acquittal passed by the learned trial judge is liable to be set aside. Unless this court grants leave to him to file appeal against the order of acquittal, he is not able to challenge the order of acquittal and will be put to irreparable loss and hardship.

3. Considering the facts and circumstances and also considering the submissions of Revision Petitioner seems to be justifiable one, this Court is inclined to allow this petition and accordingly, this Criminal Miscellaneous Petition is ordered. Registry is directed to number the Criminal Appeal if it is otherwise found to be in order.

01.09.2025 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp Crl.M.P.No. 24091 of 2025 in Crl.A.SR.No. 19568 of 2025 01.09.2025 https://www.mhc.tn.gov.in/judis