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2018 Supreme(Mad) 623

P.N.PRAKASH
R. Manimehalai – Appellant
Versus
Banumathi – Respondent


Advocates Appeared:
For the Petitioner:V. Sitharanjandas, Advocate.
For the Respondent:N. Kamesh, R. Devaraj, Advocates.

JUDGMENT :

1. For the sake of convenience, the parties will be referred to as the complainant and the accused.

2. It is the case of the complainant that the accused borrowed a sum of Rs.7,00,000/- [Rupees Seven Lakhs only] from the complainant promising to repay the amount within a period of two months. In discharge of the said liability, the accused gave a cheque [EX-P1] post dated 26.12.2013, bearing No.111825, for a sum of Rs,7,00,000/- in favour of the complainant. The complainant presented the cheque on 26.12.2013 and the same was dishonoured by memo, [EX-P2], following which the complainant issued a statutory notice, dated 31.12.2013 [EX-P3] to the accused, which was received by the accused on 02.01.2014, vide postal acknowledgment card [EX-P4]. The accused issued a reply notice dated 17.03.2014, [EX-P5], repudiating the debt. Therefore, the complainant initiated the prosecution in C.C.No.147 of 2015, before the Judicial Magistrate [Fast Track Court[Alagu Karur, under Section 138 of the Negotiable Instruments Act, 1881, against the accused.

3. On the appearance of the accused, she was furnished with a copy of the complaint and she was questioned about the substance of the accusa









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