M.Manoharan vs P.Ganesan
2023 Latest Caselaw 1154 Mad

                                                                 Crl.O.P.No.1080 of 2023 in Crl.A.Sr.No.1083 of 2023


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 30.01.2023

                                                             CORAM

                                        THE HON'BLE MR.JUSTICE V.SIVAGNANAM

                                                    Crl.O.P.No.1080 of 2023
                                                               in
                                                    Crl.A.Sr.No.1083 of 2023

                     M.Manoharan                                                          ... Petitioner

                                                                Vs.
                     P.Ganesan                                                            ... Respondent

                     Prayer:- Criminal Original Petition has been filed under Section 378(4) of
                     Cr.P.C., praying to grant special leave to file the appeal against the
                     judgment of acquittal passed in S.T.C.No.1009 of 2016, dated 20.10.2022
                     on the filed by the Judicial Magistrate No.V, Coimbatore.

                                        For Petitioner       : Mr.C.Deivasigamani

                                                             ORDER

This petition has been filed by the petitioner/complainant to grant

leave to file an appeal against the judgment dated 20.10.2022 made in

S.T.C.No.1009 of 2016 on the file of the learned Judicial Magistrate-V,

Coimbatore.

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2. The learned counsel for the petitioner submitted that the

petitioner/complainant filed a private complaint in S.T.C.No.1009 of 2016

before the learned Judicial Magistrate-V, Coimbatore, against the

respondent/accused for the offence punishable under Section 499 r/w.500

I.P.C.. The Trial Court, after taking cognizance in S.T.C.No.1009 of 2016,

examined four (4) witnesses as PW.1 to PW.4 and marked four (4)

documents as Ex.P1 to Ex.P4. He further submitted that the Trial Court

without considering these evidences properly acquitted the respondent vide

judgment dated 20.10.2022. There is a prima facie case taking cognizance

to file an appeal against the acquittal and thus pleaded to grant leave to file

Criminal Appeal.

3. Heard the learned counsel for the petitioner. I have perused the

materials on record.

4. On a perusal of the records, the fact reveals that the petitioner /

complainant filed a private complaint against the respondent / accused for

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the offence under Section 499 r/w.500 I.P.C. After recording the sworn

statement of the complainant, the case has been taken on file in

S.T.C.No.1009 of 2016 by the learned Judicial Magistrate No.V,

Coimbatore. On perusing the complaint as well as the sworn statement of

the witnesses, the Trial Court found no ingredients to attract the offence

under Section 499 r/w.500 I.P.C., as against the accused, hence the accused

was acquitted.

5. I find no infirmity in the acquittal order passed by the Trial Court

and no prima facie case has been made out either on facts or law and no

merit in this case. As such, this Court is inclined to dismiss the petition.

6. This Criminal Original petition is dismissed accordingly.

30.01.2023 rpl

To The Judicial Magistrate No.V, Coimbatore.

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V.SIVAGNANAM, J.,

rpl

Crl.O.P.No.1080 of 2023 in Crl.A.Sr.No.1083 of 2023

30.01.2023

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