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2022 Supreme(Mad) 3056

D. BHARATHA CHAKRAVARTHY
Siva @ Parameshwaran – Appellant
Versus
R. S. Arunachalam – Respondent


Advocates appeared:
For the Petitioner:P. Sesubalan Raja, Advocate. For the Respondent:S.P. Yuvaraj, Advocate.

JUDGMENT

(Prayer: Criminal Revision Case filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the judgment, dated 16.04.2019 passed in C.A.No.329 of 2018 by the IV Additional Sessions Court at Bhavani, Erode District confirming the judgment, dated 10.10.2018 passed by the learned Judicial Magistrate No.II, Bhavani in S.T.C.No.26 of 2018 (Old S.T.C.No.40 of 2017) and to acquit the petitioner.)

The petitioner has filed this Revision Case aggrieved by the concurrent finding of the guilt for an offence under Section 138 of the Negotiable Instruments Act, 1881.

2. Heard Mr.P.Sesubalan Raja, learned Counsel for the petitioner and Mr.S.P.Yuvaraj, learned Counsel for the respondent.

3. According to the learned Counsel for the petitioner, it is the simple case of the respondent/complainant that the petitioner/accused borrowed a sum of Rs.2,50,000/- by way of hand loan by cash on 29.07.2014 and issued the cheque in repayment thereof and upon the cheque being dishonoured, the complaint is filed.

4. To the contrary, it is the case of the petitioner/accused that the respondent/complainant is also having a Car finance business in the name of Thangam Cars, whereunder, he is in the

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