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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
G.Palanivel – Appellant
Versus
K.P.Radhakrishnan – Respondent
| Table of Content |
|---|
| 1. determining the basis of the appeal against conviction under section 138 ni act. (Para 1 , 2) |
| 2. assessment of rebuttal and presumption mechanisms under the ni act. (Para 4) |
| 3. analyzing financial capacity and evidence of enforceable bond. (Para 6) |
ORDER
This Criminal Revision Case has been preferred against the judgment dated 03.01.2023 passed in C.A.No.22 of 2022 by the learned III Additional District and Sessions Court, Kallakurichi, Villupuram, thereby confirming the judgment dated 16.06.2022 passed in C.C.No.275 of 2016 by the learned Judicial Magistrate, Fast Track Court, Kallakurichi.
2. The petitioner is the accused in the complaint lodged by the respondent/complainant for the offence punishable under Section 138 of Negotiable Instruments Act (in short 'the NI Act') alleging that the petitioner borrowed a sum of Rs.27,00,000/- on 12.08.2015 as a hand loan for his business and family expenses and on the same day, assured to repay the amount within 15 days and to discharge the said liability, he issued a post dated cheque bearing No.099505 dated 12.08.2015 drawn on Indian Bank, Kallakurichi for a sum of Rs.27,00,000/- in favour of the respondent. When the sai
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