A.Jayakumar v. Yuvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.Jayakumar ....Petitioner Vs Yuvaraj .... Respondent Prayer: Criminal Original Petition is filed under Section 419(4) of BNSS, 2023 to grant special leave to prefer an appeal against the judgment passed by the learned XXVI Metropolitan Magistrate, Egmore, Chennai, in S.T.C.No.1940 of 2022 by an order dated 12.07.2024 that the accused is not found guilty under Section 138 of N.I.Act and thereby he is acquitted from the case under Section 255(1) of Cr.P.C. For Petitioner(s) : Mr.G.Vinodhkumar For Respondent(s) : No appearance

O R D E R

This Criminal Original Petition is filed to grant special leave to prefer an appeal against the judgment dated 12.07.2024 passed by the 1/4

learned XXVI Metropolitan Magistrate, Egmore, Chennai, in S.T.C.No.1940 of 2022 that the accused is not found guilty under Section 138 of N.I.Act and thereby, he is acquitted from the case under Section 255(1) of Cr.P.C.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. Despite service of notice on the respondent and his name has been printed in the cause list, none appeared the side of the respondent either in person or through counsel.

4. This Court has gone through the judgment of acquittal passed by the trial Court and find that there are arguable points with regard to the facts and law in the appeal. Prima-facie, sufficient grounds have been made out to file appeal against the judgment of acquittal passed against the respondent/accused.

5. Accordingly, leave is granted to file appeal against the above 2/4

said judgment of acquittal. This petition is allowed.

6. Registry is directed to number the appeal, if the same is in order and list "For Admission" in the usual course. 07.02.2025 Index : Yes/No Speaking Order : Yes/No ms 3/4

P.VELMURUGAN, J ms 07.02.2025 4/4