Yogarajan vs J.Gangatharan
2023 Latest Caselaw 1437 Mad

                                                                                     Crl.O.P No.2610 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 06.02.2023
                                                            CORAM:
                                     THE HONOURABLE Ms. JUSTICE R.N.MANJULA
                                                     Crl.O.P No.2610 of 2023
                                                   in Crl.A.Sr. No.4973 of 2023


                     Yogarajan                                                              ... Petitioner
                                                               Vs.

                     J.Gangatharan                                                       ... Respondent

                                  Criminal Original Petition is filed under Section 378(4) of Criminal

                     Procedure Code to grant special leave to file appeal against the judgment

                     dated 28.12.2022 passed by the learned Judicial Magistrate, Fast Track

                     Court at Magistrate Level, Coonoor in S.T.C. No.25 of 2021.

                                        For Petitioners    : Mr.L.Mouli

                                                            ORDER

This Criminal Original Petition has been filed to grant special leave

to file appeal against the judgment dated 28.12.2022 passed by the learned

Judicial Magistrate, Fast Track Court at Magistrate Level, Coonoor in

S.T.C. No.25 of 2021.

https://www.mhc.tn.gov.in/judis Crl.O.P No.2610 of 2023

2. The learned counsel for the petitioner submitted that despite the

respondent had not denied the signature in the impugned cheque and did not

rebut the initial presumption, the learned trial Judge had acquitted the

accused.

3. The records would show that the accused did not let in any

evidence from his side. The learned trial Judge had proceeded to record a

finding that the petitioner did not have financial capacity to lend a sum of

Rs.4,90,000/-. Since the records would show that the respondent did not

produce any fundamental evidence to show that the petitioner is incapable

to lend the said amount, I feel leave should be granted to the petitioner to

file an appeal.

4. Accordingly, this Criminal Original Petition is allowed.

                                                                                                06.02.2023
                     Index                    : Yes/No
                     bkn

https://www.mhc.tn.gov.in/judis Crl.O.P No.2610 of 2023

To:

1. The Judicial Magistrate, Fast Track Court at Magistrate Level, Coonoor.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P No.2610 of 2023

R.N.MANJULA, J.,

bkn

Crl.O.P No.2610 of 2023 in Crl.A.Sr. No.4973 of 2023

06.02.2023

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