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2017 Supreme(Mad) 791

M.VENUGOPAL
K. Arun Kumar – Appellant
Versus
R. Moorthy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Nalliyappan
For the Respondent: Mr.S.Subbiah

JUDGMENT :

The Appellant/Complainant has filed the present Criminal Appeal before this Court, being dis-satisfied with the 'Order/Judgment of Acquittal' dated 28.01.2016 in S.T.C.No.34 of 2013 passed by the Learned Judicial Magistrate, (Fast Track Court at Magisterial Level), Athur.

2. Earlier, the trial Court while passing the impugned 'Judgment of Acquittal' in S.T.C.No.34 of 2013 dated 28.01.2016 on an appreciation of entire oral and documentary evidence available on record came to a resultant conclusion that there were no possibilities for the Respondent/Accused (Respondent) to have handed over the case cheque towards a 'Legally Recoverable Debt' and further the presumption under Section 139 of the Negotiable Instruments Act was repelled and proved on behalf of the Accused (the Respondent) and finally found that the offence against the Respondent/Accused was not proved beyond reasonable doubt and finally acquitted him under Section 255(1) of Cr.P.C.,

3. Assailing the correctness and the legal validity of the Impugned 'Judgment of Acquittal' dated 28.01.2016 in S.T.C.No.34 of 2013 passed by the trial Court, the Appellant/Complainant has filed the instant Criminal Appeal before this


































































































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