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2022 Supreme(Mad) 2700

G. JAYACHANDRAN
P. Thangavel – Appellant
Versus
S. M. Jagannathan – Respondent


Advocates appeared:
For the Appellant:N. Manokaran, Advocate. For the Respondents:S. Viswanathan, Advocate.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 378 of Criminal Procedure Code, to set aside the order of acquittal dated 18.03.2014 made in C.A.No.48 of 2012 on the file of the Learned Additional District and Sessions Court, Namakkal (Full Additional Charge) reversal of the conviction imposed in the judgment dated 19.10.2014 made in STC No.49 of 2012 on the file of the Learned Judicial Magistrate, Fast Track Court (at Magisterial level), Tiruchengode by allowing the Criminal Appeal.)

1. Acquittal by the Lower Appellate Court by reversing the judgment of conviction passed by the Trial Court, is the subject matter of this Appeal.

2. The Private Complaint filed under Section 138 of Negotiable Instrument Act, reads as below:-

On 11/08/2006, the 2nd and 3rd accused as Managing Partner and Partner respectively, of first accused M/s “Sri Kumaran & Company”, a Partnership Firm borrowed Rs.5 Lakhs from the complainant. They promised to repay the money within 2 months with 18% interest. On the same day, A2 gave a post-dated cheque for Rs.5,00,000/- duly signed by him on behalf of the first accused partnership firm drawn on Karur Vysya Bank Ltd, Tiruchengode Branch. The complainant pres

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