K.Sundarathai vs Muthulakshmi
2022 Latest Caselaw 16879 Mad

                                                                              Crl. op.(MD)No.18399 of 2022



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATE : 27.10.2022

                                                        CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                           Crl. OP.(MD)No.18399 of 2022
                                                        in
                                           Crl.A(MD)SR.No.21728 of 2022


            K.Sundarathai
            represented by Special Power Agent,
            Mr.Sadhuragiri                                           ... Petitioner/Appellant
                                              Vs.
            Muthulakshmi                                             ... Respondent/Respondent
            Prayer : This Criminal Original Petition is filed under Section 378 (4) of C.P.C, to
            grant special leave to file the Criminal Appeal against the Judgment in C.C.No.439
            of 2019 passed by the learned Judicial Fast Track Magistrate Court, Srivilliputtur,
            Virudhunagar District, dated 25.03.2022.

                                      For Appellant      : Mr.T.Lajapathi Roy

                                      For Respondent     : Mr.K.Rajeswaran

                                                       JUDGMENT

This Criminal Appeal has been filed seeking special leave to file the

Criminal Appeal against the Judgment in C.C.No.439 of 2019 passed by the learned

Judicial Fast Track Magistrate Court, Srivilliputtur, Virudhunagar District, dated

25.03.2022.

https://www.mhc.tn.gov.in/judis Crl. op.(MD)No.18399 of 2022

2. The counsel for the petitioner would submit that without properly

appreciating the continuous transaction between the parties, the above said order was

passed by the learned Judicial Fast Track Magistrate Court, Srivilliputtur,

Virudhunagar District. According to him, even though, balance sheet has shown the

existance of liability, the above said cheque has been given only for security purpose

during the above said continuous transaction, was accepted by the Trial Court.

3.The only point to be decided in this matter is on the date of the above

said cheque, whether there was liability between the parties.

4.On that ground, leave is granted to file Criminal Appeal against the

Judgment in C.C.No.439 of 2019, passed by the learned Judicial Fast Track

Magistrate Court, Srivilliputtur, Virudhunagar District, dated 25.03.2022.

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

disposal, on 15.11.2022.

                                                                               27.10.2022
            Index    : Yes/No
            Internet : Yes/No
            dss

https://www.mhc.tn.gov.in/judis Crl. op.(MD)No.18399 of 2022

To

The Judicial Fast Track Magistrate Court, Srivilliputtur, Virudhunagar District.

https://www.mhc.tn.gov.in/judis Crl. op.(MD)No.18399 of 2022

G.ILANGOVAN,J

dss

Crl. OP.(MD)No.18399 of 2022 in Crl.A(MD)SR.No.21728 of 2022

27.10.2022

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