M/S. Indirani Construction v. S.Muniyappan

Crl.OP No.27538 of 2024 in Crl.A SR No.55480 of 2024 Crl.O.P.No.27538 of 2024 in Crl.A SR.No.55480 of 2024 SUNDER MOHAN, J.

The learned counsel for the petitioner would submit that the respondent had not disputed the signature in the cheque and not rebutted the statutory presumption; that the trial court had erroneously concluded that the petitioner had not established her capacity to lend a sum of Rs.30,00,000/-. The learned counsel further submitted that the evidence would show that the petitioner had established that the cheque was issued for a legally enforceable debt.

2. The learned counsel for the respondent however would submit that the statutory presumption had been rebutted.

3. The issues raised in the above appeal requires consideration and hence this court is inclined to grant leave. Accordingly, leave granted.

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

08.01.2025 rgr SUNDER MOHAN, J.

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Crl.OP No.27538 of 2024 in Crl.A SR No.55480 of 2024 rgr Crl.O.P.No.27538 of 2024 in Crl.A SR.No.55480 of 2024 08.01.2025 2/2 https://www.mhc.tn.gov.in/judis