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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI, J
S.Jeyaeswari – Appellant
Versus
K.Kalaivani – Respondent
| Table of Content |
|---|
| 1. dishonour of cheque leading to criminal proceedings. (Para 3) |
| 2. absence during appeal proceedings and its consequences. (Para 4 , 5) |
| 3. arguments regarding procedural fairness and representation. (Para 6 , 8) |
| 4. legal standard for appeals recognized. (Para 9 , 10) |
| 5. remand for fresh disposal on merits. (Para 11) |
ORDER
This Criminal Revision Case is filed to set aside the judgment, dated 27.02.2024 in Crl.A.No.94 of 2022 on the file of the learned Additional District Judge (FTC), Theni and allow the Criminal Revision Case.
2.The brief facts of the case:
The respondent filed a case in S.T.C.No.40 of 2021 on the file of the Judicial Magistrate Court (FTC), Uthamapalayam against the revision petitioner under Sections 138 and 142 of the Negotiable Instruments Act on the allegation of dishonor of the cheque No.331083, dated 23.08.2021 for Rs.5,00,000/-, which was issued by the revision petitioner towards loan obtained by him from the respondent. The revision petitioner contested the case. Both sides adduced oral and documentary evidences. On the respondent's side, P.W.1 was examined and Ex.P.1 to Ex.P.5 were marked. On the revision petitioner's side, D.W.1 to D.W.5 were exam
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