M.Soniya v. P.Rajendran
Case brief
What is this about?
Single judge allowed leave to prosecute a criminal appeal. The bench noted arguable points concerning the accused's absence on the date of cheque issuance, contrary to the lower appellate court's acquittal reason.
What did the court decide?
Leave is granted to prosecute the criminal appeal.
What the court decided
Crl. O.P. No.15038 of 2023 in
Crl. O.P. No.15038 of 2023 in Crl.A.SR No.14613 of 2023
Crl.A.SR No.14613 of 2023
R.HEMALATHA, J.
This petition is filed under Section 378 (4) Cr.P.C, to grant leave
and permit the petitioner to prosecute the above appeal filed against the order of acquittal dated 02.01.2023 made in Crl.A.No.11/2022 on the file of the Principal Sessions Court, Dharmapuri.
- Heard Mr.V.Rajamohan, learned counsel for the petitioner.
- Learned counsel for the petitioner contended that though the accused admitted his signature on the cheque, the appellate court had acquitted the accused on the ground that the accused was not in station on the date of issuance of the cheque. According to him, there are arguable points in the main appeal and therefore, leave is granted as prayed for.
Crl. O.P. No.15038 of 2023 in Crl.A.SR No.14613 of 2023
Issues for consideration
1 issue framed by the court
Whether leave to prosecute the criminal appeal against the order of acquittal should be granted based on arguable points regarding the accused's presence at the time of cheque issuance.
Parties & counsel
- petitioner
Petitioner (unnamed)
Coram
R. HEMALATHA
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court