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2023 Supreme(Online)(MAD) 8198

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
KUMARASAMY – Appellant
Versus
M/S. ARA INVESTMENTS & FINAN – Respondent


COMMON ORDER

These Criminal Revision Petitions have been filed to set aside the Judgment passed by the I – Additional District and Sessions Judge, Trichy, in C.A.Nos.47 and 48 of 2007, dated 20.12.2018, by confirming the order of conviction and sentence passed by the Judicial Magistrate No.IV, Trichy, in C.C.Nos.37 and 38 of 2009, dated

21.03.2007.

2. The petitioner in both the revisions is the accused. The complaint was lodged by the respondent for the offence under Section

138 of the N.I Act.

3.The crux of the complaint is that the respondent is doing business in Finance. The petitioner is a Chartered Accountant and he used to borrow money for the purpose of his business in Real Estate. Accordingly, from 06.03.1996 till 18.03.2000, on various dates, the petitioner had borrowed a sum of Rs.1,11,50,000/- and he agreed to pay interest at the rate of 24% per annum. As agreed by him, the petitioner paid interest till 18.03.2000 and thereafter, he failed to pay neither interest nor principal account. In fact, while borrowing the loan, the petitioner executed a promissory note to deposit title deeds and also created mortgage by depositing title deeds in respect of the properties. While bein

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