Adaikalam v. Annamalai

CRL OP. 22088 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP. 22088 of 2024 AND CRL A SR. 45164 OF 2024 ADAIKALAM S/O. MUTHU, NO. MIG 568 NEW TEMPLE LAND AND CO, HOSUR, KRISHNAGIRI DISTRICT 635 109 PETITIONER(S) Vs ANNAMALAI S/O. LAKSHMANAREDDIYAR, NO. 63, B2 BALAJI APARTMENT, PRITHIVAKKAM (NEAR LIC ZONAL OFFICE0 AMBATTUR CHENNAI RESPONDENT(S) CRL A SR. 45164 of 2024 ADAIKALAM APPELLANT(S) Vs ANNAMALAI RESPONDENT(S) CRL OP. 22088 of 2024 For Petitioner(s):

M.P.SARAVANAN S. SURESH P. VEERA NARAYANAN For Respondent(s):

CRL A SR. 45164 of 2024 For Appellant(s)(s):

For Respondent(s):

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

ORDER

Aggrieved by the acquittal of the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, the petitioner/complainant has filed the present petition seeking leave to file an appeal. 2.The learned counsel for the petitioner would submit that the respondent had admitted the signature in the cheque; that the petitioner had proved that the cheque was issued for a legally enforceable debt; that however, the learned Magistrate on the basis of certain admissions and the evidence of D.W.1 held that the respondent had rebutted the statutory presumption and that the question as to whether the respondent had rebutted the statutory presumption has to be adjudicated by this Court. 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. 12-12-2024 cse CRL OP. 22088 of 2024 To

1. ANNAMALAI S/O. LAKSHMANAREDDIYAR, NO. 63, B2 BALAJI APARTMENT, PRITHIVAKKAM (NEAR LIC ZONAL OFFICE0 AMBATTUR CHENNAI CRL A SR. 45164 of 2024

1. ANNAMALAI https://www.mhc.tn.gov.in/judis