G.JAYACHANDRAN
S. Palanimuthu – Appellant
Versus
State rep. by Inspector of Police Department of Vigilance and Anti Corruption, Salem – Respondent
The history of the case is, one P.Periyasamy, S/o. Pachamuthu Pillai, Kichipalayam, Salem District, gave a written complainant dated 19.11.2002 to the Inspector of Police, Department of Vigilance and Anti Corruption, Salem, alleging that he borrowed a sum of Rs.90,000/- from S.Gnanasekaran during the month of February 1999, for business purpose and executed two signed blank promissory notes promising to repay the said sum on demand. It was agreed between him and S.Gnansekaran and that the principal and interest will be repaid in 40 equal monthly instalment at the rate of Rs.4,500/- per month. Accordingly, he paid 30 instalment, thereafter due to loss in business, he could not pay the remaining 10 instalment.
2. Hence, S.Gnansekaran demanded the balance amount and took three post dated cheques each for Rs.30,000/- and presented the same for collection. The cheques got bounced for want of funds. Meanwhile S.Gnansekaran gave a complaint, to Kitchipalayam Police Station alleging that Periyasamy has borrowed money and refusing to pay the sum on demand and also threatening to kill him. Based on the said complaint given by the S.Gnansekaran, Periyasamy was called for enquiry by S
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