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2022 Supreme(Online)(MAD) 30126

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
M/S.ARASU NARAYANA APPARELS – Appellant
Versus
P.N.CHANDRASEKAR – Respondent


ORDER

This Criminal Revision has been filed as against the Judgment dated passed in C.A.No.47 of 2016 on the II Additional District and Sessions Judge, Tirupur, thereby confirming the judgment dated 26.11.2015 passed in S.T.C.No.136 of 2012 on the learned Judicial Magistrate (Fast Track Court), Tiruppur, thereby convicted the petitioner for the offence punishable under Section 138 of Negotiable Instrument Act.

2. The petitioners are accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instrument Act. The case of the complainant is that the petitioners borrowed a sum of Rs.1,00,000/- on 04.01.2010. In order to repay the said amount, the petitioners issued a cheque to the tune of Rs.1,00,000/-. When the cheque was presented for collection, the same was returned with an endorsement “fund insufficient”. Immediately, the respondent caused statutory notice and lodged a complaint.

3. On the side of the complainant, he examined P.Ws.1 & 2 and marked Exs.P1 to P7. On the side of the petitioners, they examined D.Ws.1 & 2 and marked Exs.D1 to D4.

4. On perusal of the oral and documentary evidence, the trial Court found the petitioners guilt

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