V. Gunasekaran vs A. Sumathi - 2024 Supreme(Mad) 354

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 354

M. NIRMAL KUMAR
V. Gunasekaran – Appellant
Versus
A. Sumathi – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: S. Sasikumar.

JUDGMENT :

M. NIRMAL KUMAR, J.

Prayer: The Criminal Revision Case has been filed under Sections 397 and 401 of Cr.P.C. To call for the records pertaining to the judgment dated 12.12.2023 in C.A. No. 730 of 2023 passed by the learned Principal Sessions Judge, Chennai by confirming the order of learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai in C.C. No. 3970 of 2020 dated 18.10.2023 and set aside the same by allowing the above Criminal Revision Petition.

1. The petitioner is the accused and he challenges the conviction and sentence imposed upon him under Section 138 of the Negotiable Instruments Act.

2. The facts of the case are as follows:

The respondent filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act, with an allegation that the respondent has intended to purchase land of about 3785 Sq. ft. at Perumal Kovil Street, from the petitioner and subsequently entered into a sale agreement for a sum of Rs. 7,50,000/- and paid an advance of Rs. 2,50,000/- on 17.04.2017 and on the sane day, a sale agreement was executed for the said property. The petitioner has also received an additional Rs. 10,000/- at the time of issu

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