Sree Gokulam Chit And Finance Co (P)Ltd v. M Dinakaran

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 Crl.L.P..No. 380 of 2015 () ----------------------------------------- AGAINST THE ORDER/JUDGMENT IN CRA 4/2014 of THE 1ST ADDL. SESSIONS COURT,KOZHIKODE DATED 25-07-2015 AGAINST THE ORDER/JUDGMENT IN CC 1168/2009 of JUDICIAL MAJISTRATE OF FIRST CLASS-IV,KOZHIKODE DATED 13.6.2012 PETITIONER(S):

----------------------- SREE GOKULAM CHIT AND FINANCE CO (P)LTD.

NO.66, ARCOT ROAD, CHENNAI.

REPRESENTED BY ITS AUTHORISED OFFICER:

K.V.SAVITHA, W/O.K.V.THYAGARAJ, AGED 39 YEARS, ASSISTANT LEGAL OFFICER, REGIONAL OFFICE, VANDIPETTA, NADAKKAVU, CALICUT-11.

BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S):

---------------------------- 1.

M DINAKARAN, S/O.CHANDUKUTTY, AGED 45 YEARS, MALLISSERY HOUSE, CIVIL STATEION P.O., KOZHIKODE - 673 001.

2.

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

R2 BY SRI.JUSTIN JACOB, PUBLIC PROSECUTOR THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 19-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG

P. UBAID, J.

--------------------------------------- Crl.L.P.No.380 of 2015 --------------------------------------- Dated this the 19th day of October, 2015

O R D E R

Heard. The petitioner is aggrieved by the finding of the trial court regarding the extent of the liability covered by the cheque in question. It appears that the execution of the cheque is not very much in dispute. The dispute is only regarding the amount due, or the extent of the enforceable liability. The petitioner has a case to be argued in the appeal. Hence, this petition is allowed. The petitioner is granted leave to file appeal against the judgment of acquittal of the First Additional Sessions Court, Kozhikode in Crl.Appeal No.4/2014. Sd/- P. UBAID, JUDGE sd // True Copy // P.A. to Judge