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2022 Supreme(Mad) 884

SUNDER MOHAN
Fashion Gate International by its Partner Dharmalingam – Appellant
Versus
K. Chidambaram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N. Manokaran.
For the Respondent: K.R. Arun Shabari.

JUDGMENT :

SUNDER MOHAN, J.

Prayer: Criminal Revision has been filed under Sections 397 and 401 Crl. P.C. to set aside the conviction imposed in the judgment dated 16.06.2017 made in C.A. No. 48 of 2016 on the file of the learned First Additional District and Sessions Court, Tiruppur confirming the judgment dated 13.04.2016 made in C.C. No. 1 of 2014 on the file of the learned Judicial Magistrate, Fast Track Court, Tiruppur.

1. This revision arises against the Judgment of the learned First Additional District and Sessions Judge, Tiruppur, passed in C.A. No. 48/2016 on 16.06.2017.

2. The petitioners faced prosecution for the offence under Section 138 of the Negotiable Instruments Act in C.C. No. 1/2014 on the file of the learned Judicial Magistrate, Fast Track Court, Tiruppur along with the second petitioner's mother. The prosecution case was that the second petitioner had borrowed a sum of Rs. 9,00,000/- (Rupees Nine Lakhs only) from the respondent/complainant on 28.06.2012 to meet his family and business expenses. Towards discharge of the said debt, the second petitioner issued a post dated cheque of the first petitioner's Firm drawn on Allahabad Bank, Tiruppur in a sum of Rs. 9,00,00

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