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2025 Supreme(Online)(Mad) 25474

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Judge, J
Kochappan Thomas – Appellant
Versus
Anil Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Deepan Udhay
For the Respondents:

ORDER

The Criminal Revision Case is filed to set aside the judgment passed in Crl. A. No.507 of 2018 dated 27.04.2019 on the file of the learned I Additional District and Sessions Judge, Coimbatore in reversing the order of acquittal dated 24.09.2018 passed in C.C. No. 14 of 2014 on the file of the Fast Track Magistrate-I, Coimbatore.

2. For adjudication of this Criminal Revision, certain basic facts which are essential, are delineated hereunder.

3. The Complainant-Respondent has filed the aforesaid C.C. No. 14 of 2014 contending that he lend a sum of Rs.70,00,000/- to M/s. Exide Industrial Distributors. Subsequently, the partners of the firm, in order to settle the loan amount in part to the Complainant-Respondent, with interest, executed a Memorandum of Understanding. The Accused, in order to discharge his loan amount in part issued the cheque dated 14.03.2013 for Rs.30,00,000/-. When the cheque was presented for collection it was dishonoured on the reason 'payment stopped by the drawer'. When it was informed, the Accused requested time and to present the cheque during June 2013. Accordingly, the cheque was presented for encashment on 10.06.2013 but it was once again dishonoured for

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