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R.MALA
A. Thiruvasakam – Appellant
Versus
J. Sathyanarayan – Respondent


ORDER

Ms. R. Mala, J.—This Criminal Original Petition is filed to grant leave to prefer an appeal against the judgment of acquittal acquitting the respondent under Section 138 of Negotiable Instruments Act.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The learned counsel appearing for the petitioner would submit that the respondent herein borrowed a sum of Rs.2,00,000 in January 2011 and undertake to repay the same with interest @ 18% per annum and paid Rs.44,800 as interest. After that, the respondent has not paid any amount. When the petitioner/ complainant demanded the repayment of the amount, the respondent issued a cheque/Ex.P1 on 19.6.2012 for Rs.2,20,000. When it was presented for encashment, it was returned as insufficient funds as per return memo/Ex.P2. Hence, the petitioner issued a statutory notice/Ex.P3 and it was returned as per Ex.P4. The respondent has sent a reply notice/Ex.P5. But the respondent has not repaid the amount. Hence, he preferred a complaint under Section 138 of Negotiable Instruments Act. The Trial Court after considering the oral and documentary evidence, has acquitted the respondent statin








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