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2017 Supreme(Mad) 420

M.VENUGOPAL
K. Dhanabakkiyam – Appellant
Versus
Thirumala Wall Decors & Suncontrols – Respondent


Advocates Appeared:
For the Appellant : Mr. P. Gopiraja.
For the Respondent: Mr. C.S. Saravanan.

JUDGMENT :

M. VENUGOPAL, J.

1. The Appellant/Complainant has filed the present Criminal Appeal before this Court (as a dissatisfied person) as against the Judgment dated 01.08.2016 in S.T.C. No. 12 of 2015 passed by the Learned Judicial Magistrate No. I, (Fast Track Court), Erode.

2. The trial Court, while passing the impugned Judgment in S.T.C. No. 12 of 2015 on 01.08.2016, at paragraph 20, had, among other things, observed that the Complainant (Appellant) had not established that the case cheque amount was the one which would come as a "Legally Enforceable Debt" and further that, it was observed that the Complainant (Appellant) had not established beyond reasonable doubt that the case cheque was issued by the Respondent/Accused for the loan obtained by him from the Complainant (Appellant) and ultimately held that the Respondents/A1 & A2 were not guilty in respect of an offence under Section 138 of the Negotiable Instruments Act and acquitted them under Section 255(1) Cr.P.C.

3. The Appellant/Complainant has challenged the trial Court's Judgment in S.T.C. No. 12 of 2015 dated 01.08.2016 by preferring the instant Appeal by taking a plea that the trial Court had failed to appreciate tha




































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