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2020 Supreme(Mad) 1938

P.N.PRAKASH
Nishad Mathew – Appellant
Versus
Easwaramoorthy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.R. Ravi
For the Respondent: Ramesh Kumar Chopra

ORDER :

P.N. Prakash, J.

1. This Criminal Revision Case has been filed against the judgment, dated 25.02.2013, passed by the Additional District and Sessions Judge, Coimbatore, in C.A. No. 224 of 2012, confirming the judgment of conviction and sentence, dated 04.07.2012, passed by the Judicial Magistrate, Fast Track Court at Magisterial Level No. II, Coimbatore, in C.C. No. 67 of 2011.

2. For the sake of convenience, the petitioners and the 1st respondent will be referred to as accused and complainant, respectively.

3. It is the case of the complainant that Nishad Mathew (A1), who is a partner in Hotel Sea Gate (A2), had borrowed Rs. 30,00,000/- on 20.08.2010; towards the said debt, he (A1) issued a cheque dated 03.01.2011 (Ex. P1) for Rs. 30,00,000/- drawn on Axis Bank, Aluva Branch, from the account of Hotel Sea Gate (A2) and the cheque was signed by Nishad Mathew (A1) in the capacity of Partner/Authorised Signatory of Hotel Sea Gate (A2); the complainant presented the said cheque at IDBI Bank, Coimbatore, and the same was dishonoured with an endorsement "funds insufficient" on 05.01.2011 vide return memo (Ex. P2); the complainant issued statutory demand notice dated 07.01.2011 (Ex.

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