S.Murugesan v. K..A.Aathinarayanan

Crl.O.P.No.28293 of 2024 in Crl.A.Sr.No.40191 of 2024 Crl.O.P.No.28293 of 2024 in Crl.A.Sr.No.40191 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 would submit that though the accused had not denied the issuance of the cheque, he had not rebutted the statutory presumption; that the loan of Rs.6,00,000/-(Rupees Six Lakhs only) was transferred to the accused by RTGS on 22.05.2017; that inadvertently, the said statement of account of his bank was not filed; that he intends to file a petition under Section 391 of Cr.P.C., for adducing additional evidence; and that the trial Court had erroneously acquitted the accused.

3. The above submission of the learned counsel for the petitioner requires consideration by this Court. Hence, leave is granted to file an appeal.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.28293 of 2024 in Crl.A.Sr.No.40191 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.28293 of 2024 in Crl.A.Sr.No.40191 of 2024 18.11.2024 https://www.mhc.tn.gov.in/judis