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2024 Supreme(Online)(MAD) 516

HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.K. RAMAKRISHNAN
s.k.mariappan – Appellant
Versus
s.kennedy – Respondent


ORDER

The petitioner is the accused in C.C.No.66 of 2016 on the file of the learned Judicial Magistrate, Thiruvaiyaru. The learned Judge, Fast Track Court (Magisterial Level) Thoothukudi, passed the conviction against him under Section 138 of Negotiable Instruments Act and sentenced to undergo one year simple imprisonment and directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) (the cheque amount) as compensation to the complainant within a period of one month, in default, to undergo further one month of simple imprisonment. Aggrieved over the same, the petitioner herein has filed an appeal before the learned Principal Sessions Judge, Thoothukudi, in Crl.A.No.87 of 2017. The learned Appellate Judge confirmed the conviction imposed on the petitioner by the trial and reduced the sentence of imprisonment from one year simple imprisonment to six months of simple imprisonment. Challenging the said concurrent findings, the petitioner filed this criminal revision case.

2. According to the prosecution, the respondent filed a complaint under Section 138 of the Negotiable Instruments Act stating that from 14.01.2015 to 23.02.2015, the petitioner had borrowed a sum of Rs.5,00,000/- (

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