T.Sivaraman vs L.Neelakandan
2023 Latest Caselaw 1438 Mad

                                                                                     Crl.O.P No.2606 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.2606 of 2023
                                                   in Crl.A.Sr. No.4977 of 2023


                     T.Sivaraman                                                            ... Petitioner
                                                               Vs.

                     L.Neelakandan                                                       ... 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 19.12.2022 passed by the learned Judicial Magistrate, Fast Track

                     Court at Magistrate Level, Coonoor in S.T.C. No.89 of 2017.

                                        For Petitioners    : Mr.L.Mouli

                                                            ORDER

This Criminal Original Petition has been filed to grant special leave

to file appeal against the judgment dated 19.12.2022 passed by the learned

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

S.T.C. No.89 of 2017.

https://www.mhc.tn.gov.in/judis Crl.O.P No.2606 of 2023

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

amount is for a sum of Rs.4,00,000/-; the petitioner being a party to the

proceedings has stated that the financial capacity of petitioner was not

considered and the judgment of acquittal has been passed erratically without

considering the entire transactions except the statement of accounts (Ex.P5)

of the petitioner from the year 2010 to 2017.

3. Considering the submissions made by the learned counsel for the

petitioner, I feel it is appropriate to grant leave to the petitioner to file an

appeal against the judgment dated 19.12.2022 passed by the learned Judicial

Magistrate, Fast Track Court at Magistrate Level, Coonoor in S.T.C. No.89

of 2017.

4. Accordingly, this Criminal Original Petition is allowed.

                                                                                                03.02.2023
                     Index                    : Yes/No
                     bkn

https://www.mhc.tn.gov.in/judis Crl.O.P No.2606 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.2606 of 2023

R.N.MANJULA, J.,

bkn

Crl.O.P No.2606 of 2023 in Crl.A.Sr. No.4977 of 2023

06.02.2023

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