G.JAYACHANDRAN
C. B. Sharma – Appellant
Versus
Varadharaj – Respondent
1. This Criminal Appeal is directed against the judgment of the Lower Appellate Court which has reversed the judgment of conviction and sentenced passed by the trial Court in the proceedings initiated under Section 138 of Negotiable Instrument Act against the respondent/accused.
2. The brief facts of the case is that from C.B. Sharma the complainant/appellant Varadharaj accused/respondent borrowed money on the following dates:
1.
10.01.2008
Rs.50,000/-
2.
15.04.2008
Rs.1,50,000/-
3.
05.06.2009
Rs. 60,000/-
3. While borrowing the above said money, Varadharaj executed pro-notes for Rs.50,000/- and Rs.1,50,000/-. When he borrowed Rs.60,000/- for the 3rd time, the money was paid to him without any security on faith. After repeated demand, the accused gave the following three cheques, to discharge the liability.
(1). Cheque No.414795 dated 10.07.2010 for Rs.50,000/-.
(2). Cheque No.460048 dated 10.07.2010 for Rs.1,50,000/-.
(3). Cheque No.460049 dated 10.07.2010 for Rs.60,000/-.
4. All these cheques were drawn at Indian Overseas Bank, Manavalanagar B
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