S.Annvetha v. M/S.Bharath Marketing

Crl.O.P.(MD)No.15342 of 2025 Crl.O.P.(MD)No.15342 of 2025 in Crl.A.(MD)SR.No.7378 of 2025 K.MURALI SHANKAR, J.

The above petition has been filed seeking leave to file the appeal, challenging the judgment of acquittal made in C.A.No.39 of 2019 dated 28.10.2024 on the file of Principal Sessions Court, Nagercoil, reversing the judgment of conviction passed in S.T.C.No.67 of 2018 dated 31.01.2019 on the file of Fast Track Court (Magisterial Level), Nagercoil.

2. The learned counsel appearing for the petitioner would submit that the petitioner has filed a private complaint for the offence under Section 138 of NI Act and the trial Court, after full trial, passed a judgment convicting the respondents and sentenced them to undergo 6 months simple imprisonment and to pay a compensation of Rs.9,50,000/-, that the respondents aggrieved by the said judgment preferred an appeal and the appellate Court vide judgment dated 28.10.2024 allowed the same and thereby set aside the judgment of conviction and that therefore, the petitioner is constrained to file the present appeal.

3. It is evident from the records that in the petitioner's earlier petition for delay condonation, despite receipt of notice, the respondents have not turned up and consequently, the said petition came to be allowed.

4. Considering the facts and circumstances and also the reasons assigned, leave sought for is granted. Accordingly, this petition is ordered. 16.09.2025 csm 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.15342 of 2025 K.MURALI SHANKAR, J.

csm Crl.O.P.(MD)No.15342 of 2025 in Crl.A.(MD)SR.No.7378 of 2025 Dated : 16.09.2025 2/2 https://www.mhc.tn.gov.in/judis