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Madras High CourtCRL OP/23366/2024granted

A.Parthiban v. R.Parthiban

2025-04-08Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN in CRL A SR No.47897 of 2024

1. A.Parthiban S/o.Arjunan, No.1611, Arasanampatti Village, New Mariamma Koil, Mukondapalli Post, Hosur Taluk, Krishnagiri District.

Petitioner(s) Vs

1. R.Parthiban S/o.Rajaram, Permanent Adress, 3/63-3, Arasanampatti Village, Mukondapalli Post, Hosur Taluk, Krishnagiri District.

Now Residing At No.3/96-1, Arasanampatti Village, Sipcot, Hosur635 126.

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Respondent(s) PRAYER: This Criminal Original Petition filed under Section 378 of Cr.P.C., to grant special leave to prosecute the above appeal challenging the order of acquittal dated 13.08.2024 passed in STC No.84/2022 on the file of the Judicial Magistrate (Fast Track Court), Hosur, Krishnagiri District. For Petitioner(s):

Mr.N.Manokaran For Respondent(s):

Mr.T.Ramkumar

ORDER

This Criminal Original Petition has been filed to grant special leave to prosecute the above appeal challenging the order of acquittal dated 13.08.2024 passed in STC No.84/2022 on the file of the Judicial Magistrate (Fast Track Court), Hosur, Krishnagiri District.

2. The petitioner has filed the complaint against the respondent before the Judicial Magistrate (Fast Track Court), Hosur, Krishnagiri District.in S.T.C.No.84 of 2022, for the offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate after enquiry/trial, vide order dated 13.08.2024, acquitting the respondent/accused. Aggrieved over the same, the petitioner has filed the criminal original petition seeking leave to file an appeal. 2/4

3. Learned counsel for the respondent would submit that there is no perversity in the order passed by the Court below.

4. Heard the learned counsel on either side and perused the grounds of appeal.

5. Since there are arguable points in the grounds of appeal, leave is granted.

6. Registry is directed to take the appeal on file, if it is otherwise in order.

08-04-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To Judicial Magistrate (Fast Track Court), Hosur, Krishnagiri District. 3/4

P.VELMURUGAN J mfa in CRL A SR No.47897 of 2024 08-04-2025 4/4