K.Sudarshnan v. M.Malaiyarasi

Crl.O.P.No.25306 of 2024 in Crl.A.Sr.No.45551 of 2024 Crl.O.P.No.25306 of 2024 in Crl.A.Sr.No.45551 of 2022 SUNDER MOHAN , J.

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

2. The learned counsel for the petitioner/complainant would submit that the petitioner/complainant had established the liability of the respondent by marking Ex.P1 to Ex.P3, the Promissory notes and also the letter of the respondent, acknowledging the receipt of the loan from the petitioner; and that the trial Court had erroneously observed that the petitioner had not established that the cheque was issued for a legally enforceable debt.

3. This Court finds force in the submission made by the learned counsel for the petitioner and since, the same requires consideration by this Court, leave is granted to file an appeal.

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

11.11.2024 ars https://www.mhc.tn.gov.in/judis

Crl.O.P.No.25306 of 2024 in Crl.A.Sr.No.45551 of 2024 SUNDER MOHAN , J.

ars Crl.O.P.No.25306 of 2024 in Crl.A.Sr.No.45551 of 2024 11.11.2024 https://www.mhc.tn.gov.in/judis