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2022 Supreme(Online)(MAD) 30773

HIGH COURT OF MADRAS
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
MOHAMMED NURAN HASAN – Appellant
Versus
SIVARAMAN – Respondent


ORDER

This Criminal Revision case has been filed as against the Judgment dated

08.07.2019 passed in C.A.No.116 of 2017 on the file of the Principal Sessions Judge, Vellore, Vellore District, thereby confirming the Judgment dated 03.11.2017 passed in C.C.No.117 of 2016 on the file of the Judicial Magistrate, Fast Track Court, Vellore, thereby convicted the petitioner for the offence punishable under Section 138 of Negotiable Instrument Act.

2. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instrument Act. The case of the respondent is that on 10.09.2015, the petitioner borrowed a sum of Rs.1,00,000/- for his business purpose. He agreed to return the said amount with interest at the rate of Rs.2 per Rs.100/- i.e., 24% per annum. However, the petitioner failed to pay the amount. When the respondent approached the petitioner and demanded repayment, the petitioner issued a cheque. The said cheque was presented for collection and the same was returned for the reason 'stop the payment'. After causing statutory notice, the respondent filed a complaint.

3. On the side of the respondent, he examined P.W.1 and mar

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