K. Jayantthe v. N. Subbramani

Crl.O.P.No.23381 of 2024 in Crl.A.SR.No.48070 of 2024 Crl.O.P.No.23381 of 2024 in Crl.A.SR.No.48070 of 2024 SUNDER MOHAN, J.

Aggrieved by the order of 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. It is the case of the petitioner that the accused had admitted his liability in the letter dated 16.05.2014 which is marked as Ex.P9 and that the Trial Court had erred in holding that the cheque was issued on 16.11.2017 and therefore the debt was barred by limitation.

3. The learned counsel appearing for the petitioner pointed out the admission made by the accused who was examined as DW1 and that he had made payment towards his liability during the year 2017.

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

5. 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.23381 of 2024 in Crl.A.SR.No.48070 of 2024 rgr SUNDER MOHAN, J.

rgr Crl.O.P.No.23381 of 2024 in Crl.A.SR.No.48070 of 2024 05.11.2024 2/2 https://www.mhc.tn.gov.in/judis