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2017 Supreme(Mad) 5

M.VENUGOPAL
Arumugam – Appellant
Versus
K. S. Sampath Kumar – Respondent


Advocates Appeared:
For the Appellant : Mr. M. Easan
For the Respondent: Mr. C.S. Dhanasekaran

JUDGMENT :

The Appellant/Complainant has preferred the instant Criminal Appeal before this Court as against the Judgment dated 03.07.2013 in Criminal Appeal No.239 of 2012 passed by the Learned 4th Additional District and Sessions Judge, Coimbatore.

2. The Learned 4th Additional District and Sessions Judge, Coimbatore while passing the Impugned Judgment in Criminal Appeal No.239 of 2012 (filed by the Respondent/Accused) on 03.07.2013 at Paragraph No.16 had observed the following:

“16. So in this circumstances it is the duty of the complainant to mention the correct particulars, about date, time and place of borrow. So in the absence of such particulars, his case that the cheque was issued to him towards a legally enforceable liability cannot be accepted. There is a probability that a cheque was issued to D.W.3 and in turn it was placed in the hands of the complainant. It is not the case of the complainant that he became a holder in due course. So in the absence of such a plea he cannot sustain his case against the accused. So in all probability there is a genuine doubt with regard to the availability of a liability by the accused towards the complainant. So I hold that the complainant






















































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