Single judge of High Court of Kerala dismissed a criminal leave petition seeking leave to appeal against an order of acquittal in a Section 138 NI Act case, finding no reason to interfere.
Leave to file appeal against the order of acquittal was refused; petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE K.HEMA
MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933
Crl.L.P..No. 485 of 2011()
-------------------------CC.347/2009 of J.M.F.C., KODUNGALLUR
PETITIONER/COMPLAINANT
SUNIL KUMAR C.M., LEGAL MANAGER, MANAPPURAM GENERAL FINANCE AND LEASING LTD., VALAPPAD, THRISSUR.
BY ADV. SRI.C.VATHSALAN
RESPONDENT(S): ACCUSED OF THE STATE
ADV. SRI.A.T.ANILKUMAR FOR R1 SMT.V.SHYLAJA FOR R1
BY PUBLIC PROSECUTION SRI. K.S.SIVAKUMAR
THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J.
Crl.L.P. No. 485 of 2011
Dated this 27th day of June, 2011.
ORDER
This petition is filed to grant leave to file appeal against an order of acquittal.
“12...........Even though it was suggested to PW1 during cross examination that accused was in gulf countries from 15.6.2008 till 15.07.2009, he had strongly denied the said suggestion and categorically deposed that he had seen the accused from the Naikkanal office on 19.09.2008, the date on which the cheque was alleged to have executed and issued by the accused.
I find no reason to interfere in the above findings, which appears to be consistent with the evidence in this case. Learned counsel for petitioner could not substantiate that the findings are wrong or perverse. In such circumstances, I do not find any reason to interfere in the order and hence, I am not inclined to grant leave.
Petition is dismissed.
K.HEMA, JUDGE.
Krs.
1 issue framed by the court
Whether written leave should be granted to file appeal against the order of acquittal in a cheque dishonour case.
1 provisions across 1 enactments
SUNIL KUMAR C.M.
KUNJU MUHAMMED
STATE OF KERALA
KHEMA
HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
