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2024 Supreme(Online)(MAD) 18132

HIGH COURT OF MADRAS
Hon`ble Mr Justice M.DHANDAPANI
Gautham – Appellant
Versus
Krishna Kumari – Respondent


O R D E R

The criminal original petition has been filed seeking to grant leave to file the criminal appeal against the order of acquittal dated 14.09.2022 made in S.T.C.No.990 of 2018 by the III Judicial Magistrate Court, Salem.

2.The case of the petitioner is that the petitioner filed complaint under Section 138 of the Negotiable Instruments Act as against the respondents in S.T.C.No.990 of 2018 before the III Judicial Magistrate Court, Salem and the same was dismissed on 14.09.2022. Challenging the same, the petitioner has preferred the appeal.

3.The learned counsel for the petitioner submitted that the petitioner and the second respondent are friends and they were running the business under the name and style of 'Brunch Room' and since there was difference of opinion between them, they dissolved the firm and since the second respondent was managing the accounts, the second respondent agreed to give a sum of Rs.8 Lakhs to the petitioner. Thereafter since the second respondent did not have sufficient funds, the first respondent who is the Mother of the second respondent agreed to give the said amount and issued a cheque bearing no.510661 dated 21.06.2018 drawn in YES Bank and the sai

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