Kamala v. P.N.Vishnu
Case brief
What is this about?
Single Judge Court granted leave for revision. The petitioner contended the cheque debt was valid, while the Sessions Court acquitted noting time-barred debt and stale cheque. The High Court noted contra judgments and granted leave.
What did the court decide?
Leave granted to file revision; Registry directed to number the appeal.
What the court decided
Crl.O .P.No.4721 of 2024 in
Crl.O.P.No.4721 of 2024 in Crl.A.SR.No.3469 of 2024
Crl.A . SR.No.3469 of 2024
M.NIRMAL KUMAR, J.
The petitioner as complainant had filed a private complaint against the
respondent for offence under Section 138 of the Negotiable Instruments Act
in S.T.C.No.401 of 2017. The trial Court, by judgment dated 08.02.2021,
convicted the respondent and sentenced him to undergo six months simple imprisonment and to pay the cheque amount of Rs.6,25,000/- as compensation. Aggrieved over the same, the respondent preferred an appeal before the Sessions Court in C.A.No.07 of 2021. The Sessions Court, by judgment dated 31.08.2023, allowed the appeal and acquitted the respondent, against which, the present revision and leave petition.
2.The contention of the learned counsel for petitioner is that the cheque
is dated 07.12.2016, which was returned after presentation on 13.12.2016.
Issues for consideration
2 issues framed by the court
Whether leave to file a revision petition should be granted in a case where the trial court convicted the respondent and the appellate court acquitted them.
Whether the lower appellate court's finding that the debt was time-barred or the cheque stale was legally sustainable.
Parties & counsel
- appellant
Petitioner
Coram
M. Nirmal Kumar
Case details
As recorded by the court registry
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