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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
S.Shanthi – Appellant
Versus
S.Premkumar – Respondent
| Table of Content |
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| 1. revision filed against conviction under section 138 of ni act. (Para 2 , 3) |
| 2. claims regarding cheque issuance for legally unenforceable debt were not substantiated. (Para 4 , 5) |
| 3. evidence supports that cheque was for a legally enforceable debt. (Para 6 , 7 , 8) |
O R D E R
This criminal revision case has been filed against the judgment passed in Crl.A.No.15 of 2021 dated 15.12.2022 by the learned XXII Additional City Civil Court, Chennai thereby confirming the judgment passed in CC.No.65 of 2017 dated 14.12.2020 by the learned FTC-1 Metropolitan Magistrate, Egmore, 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 of NI Act alleging that the petitioner borrowed a sum of Rs.10,00,000/- as loan on 29.06.2015 through cheque and she agreed to pay interest at the rate of 12 % per annum. On the said date, she executed pronote. As promised by her , she did not repay the loan amount. However, in order to repay the said amount, the petitioner issued cheque dated 10.11.2017 for a sum of Rs.10,00,000/-, which was presented for collection and the same
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