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2024 Supreme(Online)(MAD) 20086

HIGH COURT OF MADRAS
Honourable Mr Justice M.DHANDAPANI
A.KARTHIKEYAN – Appellant
Versus
P.THANGAPPAN – Respondent


JUDGEMENT

This Criminal Appeal has been filed by the appellants seeking to set aside the conviction and sentence imposed on the appellant by the judgement dated 19.12.2019 passed by the learned Additional Sessions Court, City Civil Court, Chennai in C.A.No.460 of 2018 and revised the order dated 04.08.2018 passed in C.C.No.10618 of 2010 on the file of the Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai.

2. The appellant is the complainant and the respondent is the accused.

For the sake of convenience, the parties will be hereinafter referred to as 'complainant' and 'accused'.

3. The complainant initiated proceedings u/s 138 of the Negotiable Instruments Act (in short 'the N.I. Act') in C.C.No.10618 of 2010 before the learned Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai against the accused stating that the accused had borrowed a sum of Rs.7,50,000/- as hand loan for his urgent financial needs on a promise that he would repay the said loan to the complainant as and when demanded. When the complainant demanded the accused to repay the said amount, the accused issued Cheques bearing number '036016' and '036015' dated 06.01.2010 and 16.02.2010 draw

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