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2011 Supreme(Mad) 2463

R.MALA
K. Balu – Appellant
Versus
R. Ramesh – Respondent


Advocates Appeared:
For the Petitioner:A. Chidambaram for B. Manimaran, Advocates.
For the Respondent:D. Jaganathan, Advocate.

Judgment :-

1. The criminal revision arises out of the judgment of conviction and sentence, dated 06.12.2007, in C.A.No.4/2007, passed by the learned VI Additional Sessions Judge, Chennai, whereby the accused was convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay a compensation of Rs.20,00,000/- to the complainant within three months, in default, to undergo three months' simple imprisonment, confirming the judgment of conviction and compensation, but modifying the sentence (i.e.) reducing the sentence from two years into six months, dated 11.12.2006 in C.C.No.2446/2001 passed by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai-15.

2. The case of the respondent/complainant is that the petitioner/accused, who is the proprietor of M/S.K.B.Films, approached the respondent/complainant and borrowed a sum of Rs.20,00,000/- for the purpose of producing Tamil film and executed the promissory notes under Ex.P1 series. Towards the discharge of said liability, the accused issued Exs.P2 and P3 two cheques bearing Nos.178559 and 178558, dated 11.09.2000 and 12.09.2000, for Rs.10,00,000/- each































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