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2018 Supreme(Mad) 3145

P.VELMURUGAN
P. DHANAM – Appellant
Versus
G. ARJUNAN – Respondent


Advocates:
Advocate Appeared:
N. Manokaran, R. Thirumoorthy, S. Manokaran, Adv.

JUDGMENT

P. Velmurugan, J.

The Revision has been filed to set aside the order of acquittal dated 27.09.2013 made in C.A.No.19 of 2012 on the file of the learned II Additional Sessions Judge, Salem reversing the judgment dated 02.02.2012 made in STC No.737 of 2009 on the file of the Judicial Magistrate No.1, Sankari.

2. The case of the appellant is that the respondent borrowed a sum of Rs. 2,96,000/- for the management of Amala Matriculation School on 23.03.2008, a sum of Rs. 2 lakhs on 23.04.2008, a sum of Rs. 3,50,000/- on 30.05.2008, a sum of Rs. 2,54,000/- on 02.06.2008, a sum of Rs. 1,00,000/- on 07.06.2008 and further sum of Rs. 3,00,000/- on 09.06.2008, totally a sum of Rs. 15 lakhs on the said dates and agreed to repay the said amount within 3 months. When the appellant approached the respondent and demanded the said sum on 12.09.2008, the respondent issued a post dated cheque dated 12.12.2008 of Indian Overseas Bank, Trichengode Branch bearing cheque No.602402 for a sum of Rs. 15 lakhs. When the appellant presented the said cheque for collection on 24.12.2008 in his bank account (i.e.,) Lakshmi Vilas Bank, the said cheque was returned with an endorsement insufficient fund on 2















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