S.Ganesan v. M.Sathish
Case brief
What is this about?
The High Court, on appeal under CrPC 378, chose not to interfere with the lower appellate court's acquittal of the accused in a cheque bounce case, holding the complainant failed to prove a legally enforceable debt existed beyond a reasonable doubt.
What did the court decide?
Criminal Appeal dismissed; impugned judgment dated 10.12.2021 acquitting the respondent affirmed.
What the court decided
Crl.A.No.306 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
Crl.A.No.306 of 2022
S.Ganesan
... Appellant / Complainant
Vs.
M.Sathish
... Respondent / Accused
Prayer : Criminal Appeal filed under Section 378(4) of Code of Criminal Procedure, to set aside the judgment dated 10.12.2021 passed in C.A.No.388 of 2018 on the file of the III Additional District and Sessions Judge, Coimbatore reversing the judgment dated 15.12.2017 passed in C.C.No.299 of 2012 on the file of the Judicial Magistrate (Fast Track Court at Magisterial Level -1), Coimbatore by allowing the present appeal and convict the respondent in accordance with law.
Issues for consideration
2 issues framed by the court
Whether the High Court can interfere with an acquittal on record evidence reappreciation.
Whether the complainant established that the cheque was issued for discharging a legally enforceable debt.
Parties & counsel
- appellant
S.Ganesan
- respondent
M.Sathish
Coram
M. DHANDAPANI
Case details
As recorded by the court registry
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