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2018 Supreme(Mad) 2689

N.ANAND VENKATESH
Mohan – Appellant
Versus
Viswanathan – Respondent


Advocates Appeared:
For the Petitioner: Mr. N. Manokaran.
For the Respondent: Mr. A. Sundaravadhanan for Mr. G.K. Muthukumar.

ORDER :

1. This Criminal Revision Petition has been filed against the order in Criminal Appeal No. 82 of 2009 passed by the learned Principal Sessions Judge/Fast Track Court No. II, Coimbatore, confirming the order of conviction and sentence passed by the learned Judicial Magistrate No. II, Coimbatore in C.C. No. 14 of 2006.

2. The brief facts are: The respondent filed a complaint against the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The case of the respondent is that the petitioner approached the respondent and asked for a hand loan to meet his urgent family expenses and for business purposes. On 19.03.2004, the respondent given a hand loan of Rs. 2,00,000/- to the petitioner and on the very same day a promissory note was executed by the petitioner in favour of the respondent. Thereafter, the petitioner paid only a sum of Rs. 20,000/- towards interest and the entire principal amount remained unpaid. Out of the total amount of Rs. 2,00,000/-, the petitioner issued a cheque, dated 20.04.2005 for a sum of Rs. 1,40,000/- in favour of the respondent. When the cheque was deposited by the respondent, it was dishonoured and the same was





































































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