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2017 Supreme(Mad) 4099

P.N.PRAKASH
A. N. Chandru – Appellant
Versus
K. Jayasankar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Usha Ramman
For the Respondent: Mr. T.K. Kulasekaran

JUDGMENT :

1. This Criminal Appeal has been filed seeking to set aside the judgment dated 20.02.2013 passed by the II Additional District and Sessions Court, Ranipet in Crl.A. No.45 of 2011 against the judgment dated 10.02.2011 passed in C.C.No.108 of 2010 on the file of the Additional District Munsif-cum-Judicial Magistrate Court No.I, Walajahpet.

2 For the sake of convenience, the appellant and the respondent will be referred to as the complainant and the accused respectively.

3 A vignette of the case of the complainant is as under:

3.1 The accused borrowed a sum of Rs.50,000/- on 15.06.2005 and executed a promissory note (Ex.P.1) agreeing to repay the amount on demand with interest at 24% per annum. Towards the discharge of the said liability, the accused issued the impugned cheque (Ex.P.2) bearing no. 097337 dated 15.04.2006 drawn on Indian Bank, Ammoor Branch, for a sum of Rs.60,000/-. On 17.04.2006, the complainant presented the cheque in his account held with Canara Bank, Ranipet Branch and the same was dishonoured for insufficiency of funds vide cheque return memo dated 2





























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