Allowed

M/S.Sree Gokulam Chit and Finance Co. (P) Ltd. v. a.K.S.Thangam

Madras HC13 Dec 2023CRL OP/27628/2023

Case brief

AI extract

What is this about?

The court granted leave to the petitioner, a chit company, to file a criminal appeal against the acquittal of a surety respondent in C.C.No.573 of 2015. The court held that the respondent, having handed over a cheque as security and not disputed its issuance, remained liable to the chit company despite any internal disputes with subscribers.

What did the court decide?

Leave of the Court granted to the petitioner to file the criminal appeal; Registry directed to number and post the appeal.

M/S.Sree Gokulam Chit and Finance Co. (P) Ltd… — Civil Procedure and Limitation | Madras HC (2023)

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Crl.O.P.No.27628 of 2023 in Crl.A.SR.No.33216 of 2023

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Crl.O.P.No.27628 of 2023 in Crl.A.SR.No.33216 of 2023

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M.NIRMAL KUMAR., J.

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The petitioner/complainant in C.C.No.573 of 2015 filed this petition to grant leave to file an appeal against the judgment of acquittal dated 15.09.2023 passed by the learned Judicial Magistrate No.I, Gobichettypalayam.

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2.The learned counsel for the petitioner submitted that the respondent is a surety to the subscriber of the chit and she undertakes to discharge their liability. Since the subscribers of the chit not paid the subscription amount, the respondent ought to have discharged the liability. After following the statutory conditions, the above complaint filed which ended in acquittal. He further submitted that the respondent took a stand before the trial Court that the cheque was issued as security and she has got nothing to do with the chit transactions. The Trial Court without considering the evidence and materials, acquitted the respondent, against which, the present Criminal Appeal and the leave grant petition.

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https://www.mhc.tn.gov.in/judis

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Page 1 of 2

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Crl.O.P.No.27628 of 2023 in Crl.A.SR.No.33216 of 2023

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M.NIRMAL KUMAR., J.

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vv2

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3.Considering the submissions and on perusal of the materials, it is seen that the the petitioner is a chit company and since the respondent stood as a guarantor to the subscribers, she handed over cheque to the petitioner company. Further, the respondent not disputed the signature in the cheque nor issuance of the same. Any dispute with regard to subscribers of the chit and to the petitioner, it is for them to settle it separately, which will not absolve the respondent to discharge the liability to the petitioner.

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Finding reason in the submission of the learned counsel for the petitioner, this Court is inclined to grant leave. Accordingly, leave granted.

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5.The Registry is directed to number the appeal and post for

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admission, if it is otherwise in order.

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13.12.2023

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vv2

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Crl.O.P.No.27628 of 2023 in Crl.A.SR.No.33216 of 2023

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https://www.mhc.tn.gov.in/judis

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Page 2 of 2

M/S.Sree Gokulam Chit and Finance Co. (P) Ltd. v. a.K.S.Thangam

Case brief

What is this about?

What did the court decide?

M/S.Sree Gokulam Chit and Finance Co. (P) Ltd. v. a.K.S.Thangam

Case brief

What is this about?

What did the court decide?

What the court decided

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