Single judge granted leave in a criminal appeal filed by a complainant challenging the Trial Court's acquittal of an accused based on alleged violation of prosecution evidence rules regarding cheque dishonour.
Leave to file the criminal appeal is granted.
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.
Crl.O.P.No.25303 of 2021 in Crl.A.SR.No.33783 of 2021
Crl.O.P.No.25303 of 2021
A.D.JAGADISH CHANDIRA, J.
The learned counsel for the petitioner/complainant would
submit that the respondent/accused had admitted the issuance of the cheque and the signature. The Trial Court, without following the rules of evidence under Section 118 of the Negotiable Instruments Act, had shifted the burden on the petitioner/complainant and acquitted the accused, despite the
petitioner/complainant specifically denying the signature in the defence documents.
record, this Court is of the opinion that a prima facie case is made out for grant of leave.
03.01.2022
ham
Note: Registry is directed to number the appeal, if it is otherwise in order.
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Crl.O.P.No.25303 of 2021
A.D.JAGADISH CHANDIRA,J.
ham
Crl.O.P.No. 25303 of 2021 in Crl.A.SR.No.33783 of 2021
03.01.2022
2/2
2 issues framed by the court
Whether a prima facie case is made out for the grant of leave in the criminal appeal challenging the acquittal of the accused.
Whether the Trial Court erred in shifting the burden of proof on the petitioner/complainant contrary to Section 118 of the Negotiable Instruments Act.
1 provisions across 1 enactments
A. Jagadish Chandira
Counsel for the Petitioner/Complainant
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
