Petitioner filed a Criminal Original Petition seeking leave to appeal against respondent's acquittal in a cheque dishonour case. The Court granted leave, directing the Registry to number the appeal pending admission.
Leave is granted to file an appeal; Registry is directed to number the appeal and post for admission.
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Crl.O.P.No.28565 of 2024 in Crl.A.SR.No.40808 of 2024
Crl.O.P.No.28565 of 2024 in Crl.A.SR.No.40808 of 2024
SUNDER MOHAN , J.
Aggrieved by the acquittal of the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, the petitioner/complainant has filed the present petition seeking leave to file an appeal.
2.The learned counsel for the petitioner would submit that the Appellate Court had set aside the well considered judgment of the Trial Court and acquitted the respondent on erroneous consideration. He would further submit that the petitioner had established that the respondent had issued the cheque; that the cheque was issued for legally enforceable debt; that the respondent had not rebutted the statutory presumption and the Appellate Court had disbelieved the version of the petitioner as regards the interest rate of 15% payable on the due amount. The learned counsel therefore submitted that the issue as to whether the cheque was issued for
Page No.1 of 2
Crl.O.P.No.28565 of 2024 in Crl.A.SR.No.40808 of 2024
legally enforceable debt has to be considered in the above appeal.
SUNDER MOHAN, J.
cse
3.Notice was served on the respondent but none appeared on behalf of
the respondent.
4.This Court finds force in the submission made by the learned counsel for the petitioner and since, the question as to whether the cheque was issued for legally enforceable debt requires consideration by this Court, leave is granted to file an appeal.
5.Registry is directed to number the appeal and post for admission, if
it is otherwise in order.
17.12.2024
cse
Crl.O.P.No.28565 of 2024 inCrl.A.SR.No.40808 of 2024
Page No.2 of 2
2 issues framed by the court
Whether to grant leave to the complainant to file an appeal after the respondent was acquitted.
Whether the cheque was issued for a legally enforceable debt requiring consideration by the Court.
SUNDER MOHAN
respondent
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
