Madras High CourtCRL OP/1016/2025leave granted

Gopalakrishnan v. Pankajavalli

2025-01-20Honourable Mr Justice Sunder Mohan1 pages

CRL OP NO. 1016 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-01-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 1016 of 2025 in Crl.A.SR.No.66633 of 2024 GOPALAKRISHNAN Petitioner(s) Vs PANKAJAVALLI D/o.Selvaraj, Old Mno.4/13, New No.P/31 Cheran Nagar, Coimbatore Main Road, Pollachi Taluk Coimbatore District. Respondent(s) For Petitioner(s):

Mr.N.Ponraj For Respondent(s):

ORDER

Learned counsel for the petitioner would submit that though the respondent had not denied the issuance of cheque, the trial Court had acquitted the respondent on the ground that the petitioner had not examined the witnesses to the pronote executed by the respondent, and that the petitioner had also not established the source of income and as to when he withdrew the amount from the bank to lend money to the petitioner. 2.The question as to whether the cheque was issued for the legally enforceable debt and as to whether the respondent had rebutted the statutory presumption has to be examined by this Court. Hence, leave granted to file the above appeal.

3. Registry is directed to number the above appeal and post it for admission if the papers are otherwise in order.

20-01-2025 kas https://www.mhc.tn.gov.in/judis