M.Kathirvel v. Devaraj
Case brief
What is this about?
Special leave petition to challenge the appellate court's acquittal of the accused in a complaint under Section 138 of the Negotiable Instruments Act, where the complainant's conviction before the trial court had been reversed on appeal.
What did the court decide?
Special leave granted to file criminal appeal; Registry directed to number the appeal if otherwise in order.
What the court decided
Crl.O.P.No.10834 of 2024 In Crl.A.No.SR4250 of 2024
Crl.O.P.No.10834 of 2024 In Crl.A.No.SR4250 of 2024
M.DHANDAPANI,J.
This petition has been filed seeking to grant Special Leave to the petitioner to file criminal appeal against the order passed by the learned Additional District and Sessions Judge at Dharmapuri in Criminal Appeal No.41 of 2022 dated 13.10.2023.
2.The learned counsel for the petitioner submitted that the petitioner filed complaint under Section 138 of the Negotiable Instruments Act in S.T.C.No.169 of 2021 before the learned Judicial Magistrate, Fast Track Court, Dharmapuri and the same ended in conviction. Challenging the same, the respondent filed Criminal Appeal No.41 of 2022 before the learned Additional District and Sessions Judge at Dharmapuri and the same ended in acquittal.
3.Being satisfied with the reasons stated in the petition, this petition is ordered. Leave granted.
05.06.2024
pri
Note: Registry is directed to number the appeal, if it is otherwise in order.
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Issues for consideration
1 issue framed by the court
Whether special leave should be granted to file a criminal appeal against the acquittal in the Section 138 NI Act appeal.
Parties & counsel
- petitioner
Petitioner in Crl.O.P.No.10834 of 2024
- respondent
Respondent in Criminal Appeal No.41 of 2022
Coram
M.Dhandapani
Case details
As recorded by the court registry
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