P.S.Deivaraj v. S.Rukkumani
Case brief
What is this about?
This petition presents an application for leave to file an appeal under the Supreme Court against a trial court's acquittal in a cheque dishonour case. The court granted leave.
What did the court decide?
Leave to file appeal was granted; registry directed to number and list for admission.
What the court decided
Crl. O.P.No. 25110 of 2021 in Crl.A.SR.33778 of 2021
A.D.JAGADISH CHANDIRA, J.
The learned counsel for the petitioner would submit that the issuance of the cheque and the signature in the cheque are not denied. However, the trial Court without taking into consideration the provisions of statutory presumption under the Act, had shifted the burden on the complainant and had acquitted the respondent/accused. Prima facie case is made out for grant of leave. Leave granted.
05.01.2022
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
2 issues framed by the court
Whether leave should be granted for entering into the appeal in an SLP under Section 138 NI Act where the trial Court shifted the burden on the complainant.
Whether the registration of the SLP after leave should be directed.
Coram
AD.JAGADISH CHANDIRA
Case details
As recorded by the court registry
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