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2021 Supreme(Mad) 2758

A.D.JAGADISH CHANDIRA
P. K. Selvaraj S/o. Kuppusamy – Appellant
Versus
Umadevi Sundaram W/o. Sundaram – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. Thiyagarajan.
For the Respondent: Mr. D. Shivakumaran.

ORDER :

(The cases have been heard through video conference)

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

2. It is a case of the complainant that the accused had approached her on 15.01.2006 and borrowed a sum of Rs.2,85,000/- from her as hand loan for emergency purpose and agreed to repay the same with interest at the rate of 18% per annum. In order to discharge his liability, the accused had executed a Promissory Note, but the accused neither paid any amount towards interest nor paid the principal. When the complainant approached the accused and made a demand to repay the said amount with interest, the accused issued a cheque bearing No.663515 dated 14.09.2007 for a sum of Rs.3,70,500/- (Ex.P2), drawn on Karur Vysya Bank, Main Branch in favour of the complainant and he assured her that the cheque would be honoured on presentation. The complainant believing his words, presented the cheque through her banker viz. Indian Overseas Bank, Namakkal on 24.09.2007, but the said cheque was returned by the banker of the accused with an endorsement “Account Closed” vide bank return memo dated 25.09.2007 (Ex.P3) and t

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