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2024 Supreme(Online)(MAD) 15941

HIGH COURT OF MADRAS
Honourable Mrs Justice R. HEMALATHA
S.JAYANTHI F/A 38 YEARS – Appellant
Versus
P.SUKUMARAN M/A 40 YEARS – Respondent


JUDGMENT

Challenging the order of acquittal dated 06.03.2017 passed in S.T.C.No.196/2015 by the Judicial Magistrate, Fast Track Court, Magisterial Level, Ambattur, the present appeal is filed by the appellant /

complainant.

2. For the sake of convenience the parties are referred to as per their ranking in the trial court and at appropriate places, their ranks in the present appeal would also be indicated.

3. The case of the appellant / complainant in a nutshell is as follows :

3.1. The accused P.Sukumaran and his wife S.Lakshmi @ Rosy were running a chit fund business at No.509, Suryakanthi Street, Poompozhil Nagar, Avadi, Chennai – 600 062. The complainant was a subscriber to one of the chits for a sum of Rs.2,00,000/- with a monthly subscription of Rs.20,000/-. During October 2013, the accused borrowed a sum of Rs.1,00,000/- from the complainant and despite repeated demands made by the complainant, the accused did not repay the outstanding amount of Rs.2,80,000/-. However, after much persuasion by the complainant, the accused issued a cheque bearing number 859883 dated 11.04.2014 (Ex.P1) for a sum of Rs.2,80,000/- drawn on Andhra Bank, Avadi Branch, Chennai, in favour of the complai

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