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2016 Supreme(Mad) 3350

M.VENUGOPAL
Uma Anandan – Appellant
Versus
R. Rajasekaran – Respondent


Advocates Appeared:
For the Appellant : Mr. M. Manohar, Mr. R. Rajarajan.
For the Respondent: Mr. A.J. Mohamed Kasim, C.S. Saravanan.

JUDGMENT :

The Appellant/Complainant has focused the instant Criminal Appeal before this Court as against the Judgment passed by the Learned Judicial Magistrate, (Fast Track Court at Magisterial Level No.II), Coimbatore in S.T.C.No.100 of 2012 dated 17.07.2014.

2. The Learned Judicial Magistrate, (Fast Track Court at Magisterial Level No.II), Coimbatore, while passing the impugned judgment in S.T.C.No.100 of 2012 on 17.07.2014 at para 18, among other things had observed that ....it is concluded that the complainant had failed to explain the absence of the endorsement dated 01/02/2011 in Ex.D5. Since the complainant failed to explain the same, the endorsement dated 01.02.2011 in Ex.P1 and the promissory note dated 01.02.2011 (Ex.P2) said to have been executed based on the endorsement dated 01.02.2011 also fails. It was established that the complainant had the habit of getting blank cheques as security for the transactions with the accused, which forces to believe that the cheque (Ex.P3) would have been obtained as security. All these aspects creates doubt on the complainant's case. The standard of proof prescribed for the defence side is preponderance of probability, whereas, the stan

































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