M/S. Sree Gokulam Chit And Finance Co (P) Limited v. Krishna.K.C

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-01-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 1093 of 2025 in CRL A SR NO. 66893 OF 2024 M/s. Sree Gokulam Chit And Finance Co (p) Limited Rep By Its Vice Chairman V.C.Praveen, Having Corporate Office At No.66, Arcot Road, Kodambakkam, Chennai. Having Branch Office At Gudalur Branch T.P.A.Building Ooty Mysore Road, Gudalur Bazaar Post, Gudalur Taluk, The Nilgiris.

Petitioner(s) Vs Krishna.K.C S/o. Chinnakaruppiah, Sakthi Jewellery, Panchayath Complex Old Bus Stand, Near Signal, Gudalur Bazaar Post, Gudalur Taluk The Nilgiris.

Respondent(s) For Petitioner(s):

Mr.L.Rajasekar Page No.1 of 4

ORDER

Aggrieved by the acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the petitioner/appellant has filed the present petition seeking leave to file an appeal.

2.The learned counsel for petitioner would submit that though the respondent had not disputed the signature in the cheque and had not rebutted the statutory presumption, the trial Court had erroneously held that the initial burden lies on the complainant to establish that the accused was liable to pay the cheque amount.

3.The question as to whether the cheque was issued for the legally enforceable debt requires consideration by this Court. Hence, leave is granted to file an appeal.

Page No.2 of 4

4.The Registry is directed to number the appeal, if it is otherwise in order.

21-01-2025 rsi To 1.Krishna.K.C S/o. Chinnakaruppiah, Sakthi Jewellery, Panchayath Complex Old Bus Stand, Near Signal, Gudalur Bazaar Post, Gudalur Taluk The Nilgiris.

Page No.3 of 4

SUNDER MOHAN., J.

rsi CRL OP NO. 1093 of 2025 in CRL A SR NO. 66893 OF 2024 21.01.2025 Page No.4 of 4