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2020 Supreme(Mad) 1940

P.N.PRAKASH
Bright Spinners – Appellant
Versus
D. Sampathkumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B. Gopalakrishnan
For the Respondent: V. Sivakumar

ORDER :

P.N. Prakash, J.

1. This Criminal Revision Case has been filed against the judgment, dated 17.09.2013, passed by the V Additional District and Sessions Judge, Coimbatore, in C.A. No. 270 of 2012, confirming the judgment of conviction and sentence, dated 15.09.2012, passed by the Judicial Magistrate, Fast Track Court at Magisterial Level No. II, Coimbatore, in S.T.C. No. 46 of 2012.

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

3. It is the case of the complainant that, Thangaraju (A2) and Devasenathipathi (A3) are the partners of M/s. Bright Spinners (A1); Thangaraju (A2) borrowed Rs. 3,00,000/- on 20.04.2010 for his business purposes and issued a cheque dated 03.05.2010 for Rs. 3,02,000/- (Ex. P1) drawn on the United Bank of India from the account of M/s. Bright Spinners (A1); the impugned cheque was signed by Thangaraju (A2) in his capacity as the partner of M/s. Bright Spinners (A1); the complainant presented the cheque on 22.10.2010 and the same was returned with the endorsement "exceed

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