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2025 Supreme(Online)(Mad) 56522

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Renukadevi – Appellant
Versus
Rajan – Respondent


Advocates:
For the Appellants/Petitioners: Mr. P.A. Sai Govinda Raja
For the Respondents: Mr. Prakash Adiapadam

Table of Content
1. judgment against conviction for cheque dishonour confirmed. (Para 1 , 2)
2. dispute regarding loan amount and legal rebuttal of presumption. (Para 3 , 4)
3. lack of sufficient evidence to uphold the conviction. (Para 5 , 6)
4. court's reasoning on the necessity of legally enforceable debt. (Para 7 , 8 , 9)
5. determining legality of cheque issuance (Para 12)
6. court's final ruling on conviction (Para 14)
7. partial allowance of the revision case for justice. (Para 15 , 16)

O R D E R

This revision has been filed against the Judgement dated 11.07.2024 passed in C.A.No.121 of 2022, on the file of the I-Additional District and Sessions Court, Tiruppur, thereby confirming the conviction and sentence imposed by the Trial Court in C.C.No.52 of 2016 dated 08.08.2022, on the file of the Judicial Magistrate Court No.1, Udumalaipet, for the offence under Section 138 of the Negotiable Instruments (N.I.) Act, 1881.

2. The petitioner is the accused in the complaint lodged by the complainant/respondent for the offence under Section 138 of the Negotiable Instruments Act, 1881 . It is alleged that the petitioner borrowed a sum of Rs.30 Lakhs on 05.01.2014 for her real estate business

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