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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
S.Prabhakaran – Appellant
Versus
R.Vadivel – Respondent
| Table of Content |
|---|
| 1. summary of trial proceedings and loans. (Para 1 , 2 , 3) |
| 2. arguments surrounding the definitions of legally enforceable debts. (Para 4 , 5) |
| 3. court's observations on the evidentiary requirements. (Para 6 , 7 , 8 , 9) |
| 4. final ruling and acquittal. (Para 10) |
ORDER
This Criminal Revision Case has been preferred against the judgment dated 20.09.2022 passed in C.A.No.101 of 2021 by the learned V Additional District and Sessions Judge, Coimbatore, thereby confirmed the conviction and sentence u/s 138 of Negotiable Instruments Act imposed vide judgment dated 08.03.2021 passed in C.C.No.659 of 2018 by the learned Judicial Magistrate, Fast Track Court No.I @ Magisterial Level, Coimbatore.
2. The petitioner is the accused in the complaint lodged by the respondent for the offence u/s 138 of Negotiable Instruments Act (in short 'the NI Act') alleging that the respondent's wife lend money as loan in favour of the petitioner's wife to the tune of Rs.5,93,500/- from 13.04.2016 to 10.09.2017. Thereafter, the respondent had lent a sum of Rs.6,07,800/- to the petitioner's wife from 02.05.2016 to 25.07.2017 and the respondent had lent a sum of Rs.38,200/- to the petitioner as a lo
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