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2017 Supreme(Mad) 400

M.VENUGOPAL
C. Kathirvel – Appellant
Versus
K. S. V. Cotton Mills (P) Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Viswanathan
For the Respondent: Mr. I.C. Vasudevan

JUDGMENT :

The Appellant/Complainant has preferred the instant Criminal Appeal being dissatisfied with the Judgment of Acquittal passed by the Learned Judicial Magistrate, Fast Track Court (Magisterial Level), Tiruchengode in S.T.C.No.314 of 2012 dated 30.10.2015.

2. The trial Court, while passing the impugned Judgment in S.T.C.No.314 of 2012 on 30.10.2015, at paragraph 10, had, inter alia, observed that '... Further, when an average prudent man advancing loan without obtaining other documents and also not knowing the full details of the Accused purported to have lent a sum of Rs.2,50,000/- was not a believable one and also opined that the Appellant/Complainant had adduced evidence in a contradictory manner quite inconsonance with the repudiation of presumption under Section 139 of the Negotiable Instruments Act made by the Respondent/Accused and came to a conclusion that the Appellant/Complainant had not established his case through an independent witness or through his Bank Account found him them guilty under Section 138 of the Negotiable Instruments Act and acquitted under Section 255(1) Cr.P.C.

3. Questioning the Judgment of Acquittal dated 05.02.2016 passed by the trial Court, th























































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