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2009 Supreme(Mad) 2298

G.RAJASURIA
M. Kulasekaran – Appellant
Versus
V. Radhakrishnan & Another – Respondent


Advocates Appeared:
For the Petitioner:D.O. Kaviyanathan, M/s. Durga Rao & Associates, Advocates.
For the Respondents:R. Muniyapparaj, Government Advocate for Criminal side.

Judgment :-

1. A resume of facts which are absolutely necessary and germane for the disposal of this Revision would run thus :

(i) The respondent herein filed the Complaint under Section 138 of the Negotiable Instruments Act as against the revision petitioner herein. Inasmuch as the revision petitioner pleaded not guilty, an enquiry was conducted.

(ii) During enquiry on the side of the prosecution P.Ws. 1 and 2 were examined and Exs.P.1 to P.6 were marked. However, neither oral nor documentary evidence was produced on the side of the accused.

(iii) Ultimately, the lower Court recorded conviction and imposed the sentence as under :

Offence Sentence imposed Fine amount

Under Section 138 r/w. 142 of the Negotiable Instruments Act 6 months Simple Imprisonment Rs.5,000/- In default to undergo two months Simple Imprisonment

2. Animadverting upon the judgment of the lower Court, an Appeal was filed for nothing but to be confirmed by the Appellate Court. Impugning and challenging the judgment of both the Courts below, this Revision is filed on various grounds the gist and kernel of them would run thus :

(a) The Courts below failed to take into consideration the responsibility of the complai



















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