Udhayakumar v. Nasar Ali

Crl.O.P.No.24149 of 2024 in Crl.A.Sr.No.49229 of 2024 Crl.O.P.No.24149 of 2024 in Crl.A.Sr.No.49229 of 2024 SUNDER MOHAN , J.

Aggrieved by the acquittal of the respondent for the offences punishable under Section 138 of the Negotiable Instruments Act, 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 petitioner had established the fact that the respondent was due to pay a sum of Rs.3,00,000/- and had issued the cheque for the said sum; that though the trial Court had believed that the petitioner had given a loan of Rs.1,25,000/- but disbelieved the petitioner's case that he had sent Rs.1,75,000/- by NEFT to the respondent without any basis contrary to the evidence on record. The learned counsel would further submit that the Judgment of the acquittal is therefore liable to be set aside.

3. The above submission requires consideration by this Court. Hence, leave is granted to file an appeal.

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Crl.O.P.No.24149 of 2024 in Crl.A.Sr.No.49229 of 2024 SUNDER MOHAN , J.

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

07.11.2024 dk/ars Crl.O.P.No.24149 of 2024 in Crl.A.Sr.No.49229 of 2024 07.11.2024 https://www.mhc.tn.gov.in/judis