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2011 Supreme(Mad) 2066

R.MALA
R. Thangavel – Appellant
Versus
P. Manoharan – Respondent


Advocates Appeared:
For the Petitioner:C.D. Johnson, Advocate.
For the Respondent:C.S. Saravanan, Advocate.

Judgment :-

1. This criminal revision arises out of the conviction and sentence passed by the learned Additional District and Sessions Judge, Fast Track Court No.1, Erode, in C.A.No.346 of 2006, dated 18.10.2007, confirming the conviction and sentence of simple imprisonment for two years and set aside the compensation award passed in C.C.No.293 of 2003, dated 27.11.2006, by the learned Judicial Magistrate No.III, Erode, for the offences under Sections 138 read with 142 of Negotiable Instruments Act.

2. The skeleton of the complaint is as follows:

(i) The revision petitioner/accused borrowed a sum of Rs.50,000/- each on 08.10.2002 and 10.10.2002, totaling Rs.1,00,000/- from the respondent/complainant. He issued two cheques bearing Nos.328639 and 328640 dated 14.12.2002 in respect of the said amounts and the same were presented in the Bank on 15.03.2003, but it was returned as 'insufficient funds'. Immediately, the respondent/complainant issued a statutory notice on 03.04.2003 and the revision petitioner/accused received the same on 04.04.2003 and he gave a reply with false allegations. Since he has not repaid the cheque amounts, the respondent/complainant has come forward with the co






































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