The High Court of Madras allowed a Criminal Original Petition under Section 378(4) Cr.P.C. for special leave to file an appeal against an acquittal in a cheque dishonour case, finding it a fit case given the admitted signature and cross-examination issues.
Leave granted to file Criminal Appeal against the judgment of acquittal in C.C.No.95 of 2013.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
Crl.O.P.No.505 of 2015
in Crl.A.No.SR511 of 2015
S.Dharmalingam .. Petitioner/Appellant
vs N.Murugesan .. Respondent/Respondent
Prayer:- This Criminal Original Petition is filed under Section 378 (4) Cr.P.C. to grant special leave to file the above Criminal Appeal filed against the judgment in C.C.No.95 of 2013 dated 30.10.2014 on the file of the learned Judicial Magistrate (Fast Track), Omalur.
For Petitioner : Mr.R.Nalliyappan
ORDER
This Criminal Original Petition is filed to grant special leave to prefer an appeal against the judgment of acquittal dated 30.10.2014 passed in C.C.No.95 of 2013 on the file of the learned Judicial Magistrate (Fast Track), Omalur.
2.Heard the learned counsel appearing for the petitioner and perused the materials available on record.
3.The learned counsel appearing for the petitioner would submit that since the signature in the cheque/Ex.P.1 has been admitted by the respondent, he is entitled to invoke presumption under Sections 118 (a) and 139 of Negotiable Instrument Act. Hence, he pray for granting of leave to file an appeal.
4.Even though the respondent/accused has stated that he has issued the cheque in favour of one Mohamed Mohideen and his son Khader Jamal, who is an Advocate and to help them, this petitioner has filed up the cheque and given a complaint, but considering the cross-examination of D.W.1 and P.W.1, I am of the view that it is a fit case for granting leave. Hence, leave granted.
5.Accordingly, this Criminal Original Petition is allowed.
cse
-s/d-
Assistant Registrar( )
Dt:16/2/2015
True Copy
Sub-Assistant Registrar
To
The learned Judicial Magistrate (Fast Track),
Omalur.
km(co)
prk24/2
Crl.O.P.No.505 of 2015
in Crl.A.No.SR511 of 2015
1 issue framed by the court
Whether the petitioner is entitled to special leave to appeal against an acquittal on the grounds of admitted signature invoking presumption under Sections 118(a) and 139 of the Negotiable Instruments
3 provisions across 2 enactments
S.Dharmalingam
N.Murugesan
R.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
