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Madras High CourtCRL OP/21655/2023granted

Meyyan v. Periyasamy

2023-09-21Honourable Mrs Justice R. Hemalatha2 pages

Crl. O.P. No.21655 of 2023 in Crl.A.SR No.31754 of 2023 Crl. O.P. No.21655 of 2023 in Crl.A.SR No.31754 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 25.04.2023 made in STC.No.1440/2014 on the file of the Judicial Magistrate I, Perambalur.

2. Heard Mr.G. Ilamurugu, learned counsel for the petitioner.

3. Learned counsel for the petitioner/appellant contended that though the accused did not send any reply to the statutory notice issued by the complainant, the trial court had held that the complainant had fraudulently obtained the cheque from the accused, without any evidence, and also acquitted the accused. According to him, there are arguable points in the present appeal and therefore, prayed for allowing this petition.

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Crl. O.P. No.21655 of 2023 in Crl.A.SR No.31754 of 2023 R.HEMALATHA, J.

b ga

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.21655 of 2023 in Crl.A.SR No.31754 of 2023 2/2 https://www.mhc.tn.gov.in/judis