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Madras High CourtCRL OP/30250/2024leave granted

Sree Gokulam Chit And Finance Co.(P) Limited v. J.Umesh

2025-01-06Honourable Mr Justice Sunder Mohan2 pages

Crl.O.P.No.30250 of 2024 in Crl.A.SR.No.51772 of 2024 Crl.O.P.No.30250 of 2024 in Crl.A.SR.No.51772 of 2024 SUNDER MOHAN , J.

Aggrieved by the judgment of acquittal of the respondent, 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 respondent had not denied the signature in the cheque and had not rebutted the statutory presumption; and that the Trial Court had erroneously observed that the petitioner had not established the cheque was issued for legally enforceable debt.

3.Heard the learned counsel for the respondent. Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.30250 of 2024 in Crl.A.SR.No.51772 of 2024 SUNDER MOHAN , J.

vv2 4.This Court finds force in the submission made by the learned counsel for the petitioner and since, the question as to whether the cheque was issued for legally enforceable debt requires consideration by this Court, leave is granted to file an appeal.

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

06.01.2025 vv2 Crl.O.P.No.30250 of 2024 in Crl.A.SR.No.51772 of 2024 Page No.2 of 2 https://www.mhc.tn.gov.in/judis