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2019 Supreme(SC) 723

R.BANUMATHI, A.S.BOPANNA
CHRISTOPHER RAJ – Appellant
Versus
K. VIJAYAKUMAR – Respondent


Advocates Appeared:
For the Appellant :Mr. S. Nagamuthu, Sr. Advocate, Mr. M.P. Parthiban, Advocate, Mr. A.S. Vairawan, Advocate and Mr. R. Sudhakaran Hardik, Advocate,
For the Respondent:Mr. Pahlad Singh Sharma, Advocate, Mr. Sushil Kumar Sharma, Advocate, Mr. Jagdev Singh Gulliya, Advocate, Mr. Krishna Kant Shukla, Advocate and Mr. Kisalaya Shukla, Advocate.

ORDER

R. Banumathi, J.

Leave granted.

2. The appellant-accused has preferred these appeals challenging the orders passed by the High Court of Madras dated 06.07.2018 and 23.06.2018 in Crl. A (MD) No.608 of 2007, by which the High Court has reversed the acquittal of the appellant-accused and convicted him under Section 138 of the Negotiable Instruments Act and imposed a fine of Rs.60,000/- in default to undergo simple imprisonment for six months.

3. Brief facts which led to filing of these appeals are as follows:-The appellant-accused and the respondent-complainant are friends. On 12.08.2001, the appellant-accused borrowed a sum of Rs.30,000/- from the respondent-complainant. The appellant-accused has issued a post-dated cheque drawn on Kuzhithurai Canara Bank dated 04.09.2003 of Rs.30,000/-.

4. The respondent-complainant presented the cheque in his Co-operative Bank Account on 16.01.2004 for collection. However, the cheque was returned from the bank on 19.01.2004 due to insufficient funds. The respondent-complainant sent a statutory notice on 12.02.2004 to the appellant-accused. Thereafter, the respondent-complainant filed the complaint before the Judicial Magistrate No.1, Kuzhithurai.

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