N.Suresh v. S.Sadagopan

Crl.O.P.No.28152 of 2024 in Crl.A.Sr.No.56109 of 2024 Crl.O.P.No.28152 of 2024 in Crl.A.Sr.No.56109 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 has filed the present petition seeking leave to file an appeal.

2. The learned counsel for the petitioner/appellant/complainant would submit that though the respondent had admitted his signature in the cheque and in the loan agreement, the respondent had not rebutted the statutory presumption; that the trial Court on the mere denial of the respondent had erroneously concluded that the cheque was without consideration; and that the Court below had on an erroneous appreciation of the documents and evidence acquitted the respondent. 3.The above submission made by the learned counsel for the petitioner requires consideration by this Court. Hence, leave is granted to file an appeal.

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Crl.O.P.No.28152 of 2024 in Crl.A.Sr.No.56109 of 2024 SUNDER MOHAN , J.

dk

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

18.11.2024 dk Crl.O.P.No.28152 of 2024 in Crl.A.Sr.No.56109 of 2024 18.11.2024 https://www.mhc.tn.gov.in/judis