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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
S.Deivaraj – Appellant
Versus
M.Nisha – Respondent
| Table of Content |
|---|
| 1. allegations of cheque issuance and dismissal of complaint (Para 1 , 3 , 4 , 5) |
| 2. defense arguments about notice requirements (Para 6) |
| 3. court's observations on statutory compliance (Para 7 , 8 , 9 , 10) |
| 4. final ruling on the appeal (Para 11) |
JUDGMENT
The petitioner as complainant filed a private complaint under Section
138 of the Negotiable Instruments Act against the respondents in S.T.C.No.182 of 2016. The trial Cout,t by judgment dated 10.10.2019 dismissed the complaint and discharged the accused/respondents, against which, the present appeal is filed.
2.For the sake of convenience, the parties are referred to as per their litigative status before the trial Court.
3.The case of the complainant is that both the respondents jointly borrowed a sum of Rs.3,00,000/- from the complainant for their urgent needs on 28.06.2015. To discharge their existing liability, both of them issued a signed cheque bearing No.009848 dated 28.09.2015 for Rs.3,00,000/- drawn on Axis Bank Ltd., Kanhangad, Kerala branch in favour of the complainant. On instructions of the respondents, the appellant presented the said cheque with his bank, namely, ICICI Bank, Tiruchengode on 26.10.2015 and th
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