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Madras High CourtCRL OP/22920/2024granted

Mrs.Yasmeen Nissar v. S.Saranraj

2024-11-05Honourable Mr Justice Sunder Mohan2 pages

Crl.O.P.No.22920 of 2024 in Crl.A.SR.No.23759 of 2024 Crl.O.P.No.22920 of 2024 in Crl.A.SR.No.23759 of 2024 SUNDER MOHAN, J.

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

2. The learned counsel for the petitioner would submit that the accused in his reply to the statutory notice sent under Section138 of Negotiable Instruments Act had admitted the receipt of loan from the petitioner. He further submitted that the finding of the Lower Appellate Court that the petitioner had not established the offence under Section 138 of Negotiable Instruments Act is erroneous and that the Trial Court had rightly convicted the respondent.

3. This court finds force in the submissions made by the learned counsel for the petitioner and hence inclined to grant leave. Accordingly, leave granted.

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

05.11.2024 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.22920 of 2024 in Crl.A.SR.No.23759 of 2024 rgr SUNDER MOHAN, J.

rgr Crl.O.P.No.22920 of 2024 in Crl.A.SR.No.23759 of 2024 05.11.2024 2/2 https://www.mhc.tn.gov.in/judis