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2017 Supreme(Mad) 536

M.VENUGOPAL
Pandiyan Finance, Partnership Firm – Appellant
Versus
K. Periyasamy – Respondent


Advocates Appeared:
For the Appellant : Mr. M. Guruprasad.
For the Respondent: Mr. V. Subramanian For M/s. S.P. Yuvaraj, Mr. P.R. Shivakumar.

JUDGMENT :

The Appellant/Complainant has filed the present Criminal Appeal before this Court [as an affected person] as against the Judgment of Acquittal dated 02.11.2015 in S.T.C. No. 206 of 2015 passed by the Learned Judicial Magistrate No.1, (Fast Track Court), Erode.

2. The trial Court, while passing the impugned 'Judgment of Acquittal' dated 02.11.2015 in S.T.C.No.206 of 2015, at paragraph 11, had, among other things, observed that “... without obtaining a license, the amount lent would not be the 'Legally Enforceable Debt'” and further at paragraph 15, had opined that 'no documents were filed in regard to the aspect that in the Complainant's Firm, Selvaraj was serving as a Managing Director and also for knowing about the case cheque amount details'. Also that, at paragraph 16, the trial Court had proceeded to observe that within six months from the commencement of the Complainant's Firm, it had the capacity to lend a sum of Rs.5,90,000/- for which no documents were filed on behalf of the Complainant and therefore, came to the conclusion that the Complainant's Firm had no capacity/wherewithal to lend a sum of Rs.5,90,000/- and a finding was rendered to the effect that the case c

















































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