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2022 Supreme(Online)(MAD) 25411

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
L.KRISHNAMOORTHY M/A 60 YRS – Appellant
Versus
K.SELLAMUTHU M/A 66 YEARS – Respondent


ORDER

This revision is filed as against the order passed in C.A.No.313 of 2017 dated 20.03.2018 on the file of the II Additional District and Sessions Judge, Erode, thereby confirming the judgment passed in S.T.C.No.245 of 2016 dated 01.09.2017 on the file of the Judicial Magistrate, Fast Track Court No.1, Erode, thereby convicted the petitioner for the offence under Section 138 of NI Act.

2. The petitioner is an accused in the complaint lodged by the respondent for the offence under Section 138 of Negotiable Instruments Act.

3. The case of the prosecution is that on 11.10.2015, the petitioner borrowed a sum of Rs.1,00,000/- for his urgent expenses and on the date of borrowal he issued a post-dated cheque. On instruction, when it was presented for collection and the same was returned for the reason “Account Blocked Situation Covered in 2125”. After causing statutory notice to the petitioner the respondent lodged a complaint.

4. On the side of the respondent PW1 was examined and Exs.P1 to 7 were marked and on the side of the petitioner no one was examined and no document was marked.

5. On perusal of oral and documentary evidence the trial Court found the petitioner guilty for the offenc

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