Madras High CourtCRL OP/2513/2025granted

S.Murugabharthi v. V.Suresh Elangovan

2025-04-03Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-04-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN CRL OP No. 2513 of 2025 in CRL A SR No.50585 of 2024 S.Murugabharthi S/o.S.Subramanian, No.39, Bazullah Road, T.Nagar, Chennai-600 017.

Petitioner(s) Vs V.Suresh Elangovan S/O.Venkatesan, Residing At No.513, 2nd Cross, B Block, Area Lay Out, Kundanahalli, Bengaluru-560 037.

Office At:

M/S.Mindlogicx Infratec Limited, Techllano, No.10/1-B, Graphite India Road, Hoodi Circle, Near White Field, Bengaluru-560 048.

Respondent(s) PRAYER: Criminal Original Petition filed under Section 419 (4) of B.N.S.S. / 378(4) of Cr.P.C. to grant leave to the petitioner to appeal against the judgment of the acquittal of the respondent made by the learned Special Metropolitan Magistrate, XV th Court of Small Causes, Chennai in STC No.13 of 2021 Judgement dated 02.07.2024.

For Petitioner(s):

Mr.A.Nagarajan For Respondent(s):

Mr.C.K.M.Appaji

ORDER

This Criminal Original Petition has been filed by the petitioner/complainant to grant leave to file appeal against the judgment of acquittal of the respondent made by the learned Special Metropolitan Magistrate, XV th Court of Small Causes, Chennai in STC No.13 of 2021 dated 02.07.2024.

2. The case of the petitioner is that he filed a complaint against the respondent in STC No.13 of 2021 before the Special Metropolitan Magistrate, XV th Court of Small Causes, Chennai for the offence under Section 138 of the Negotiable Instruments Act. The said complaint was dismissed by the learned Magistrate by judgement dated 02.07.2024 and hence, he wants to challenge the judgement of acquittal and thereby, he has filed the present petition seeking grant of leave to file appeal.

3. A reading of the grounds of appeal shows that there are arguable points. Therefore, leave is granted.

03-04-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Registry is directed to take the appal if the papers are otherwise in order.

To The Special Metropolitan Magistrate, XV th Court of Small Causes, Chennai

P.VELMURUGAN,J.

ksa-2 CRL OP No. 2513 of 2025 in CRL A SR No.50585 of 2024 03-04-2025