IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
D.Gangadhara Babu – Appellant
Versus
M.Krishnan – Respondent
| Table of Content |
|---|
| 1. payment for a business loan with dishonored cheques. (Para 2 , 3) |
| 2. claims of coercion regarding cheque issuance. (Para 4) |
| 3. court's findings on liability and refusal to accept coercion defense. (Para 6 , 7 , 8) |
ORDER
This criminal revision has been preferred against the judgment passed in Crl.A.No.4 of 2020 dated 11.11.2020 on the file of the learned VI Additional Sessions Judge, CCC, Chennai thereby confirming the conviction and sentence imposed by the trial court in CC.No.1507 of 2018 dated 13.12.2019 on the file of the learned Metropolitan Magistrate, FTC-II, Allikulam, Chennai for the offence punishable under Section 138 of NI Act.
2. The petitioner is the accused in the complaint lodged by the respondent for the offence punishable under Section 138 of NI Act alleging that the petitioner approached the respondent for short time business loan to the tune of Rs.10,00,000/-. He also promised to share profits to the respondent herein. Believing the said words, the respondent had transferred a sum of Rs.5,00,000/- on 15.06.2017 and another sum of Rs.5,00,000/- on 05.07.2017 through NEFT mode to the account of the petitioner. On receipt of the said amount, the petiti
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