L.G.Ravi v. a.Srinivas
Case brief
What is this about?
Urgent order granting leave to appeal and directing registry to number the appeal filed by a complainant against an acquittal under Section 138 NI Act for future listing and admission.
What did the court decide?
Leave to appeal granted; appeal to be numbered and listed for admission.
What the court decided
Crl. O.P.No. 24631 of 2021 in Crl.A.SR.2037 of 2021
A.D.JAGADISH CHANDIRA, J.
The learned counsel for the petitioner/complainant would submit that the respondent/accused had not sent a reply to the statutory notice issued by the petitioner. The signature in the cheque has also not been denied by the respondent/accused. The trial Court, without taking into consideration the statutory presumptions in favour of the petitioner/complainant and by shifting the burden of proof, had wrongly acquitted the respondent/accused. Prima facie case has been made out for grant of leave.
2. Leave is granted
21.12.2021
vri/shk
Note:
Registry is directed to number the appeal, if it is otherwise in order and list the same for admission.
Issues for consideration
1 issue framed by the court
Whether to grant leave to appeal and number the appeal for admission.
Parties & counsel
- applicant
Petitioner/Complainant
- respondent
Respondent/Accused
Coram
A.D. Jagadish Chandira
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court