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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
Mohan Kumar – Appellant
Versus
Annamalai – Respondent
| Table of Content |
|---|
| 1. facts of borrowing and cheque issuance. (Para 1 , 2) |
| 2. arguments regarding remand and burden of proof. (Para 4 , 5) |
| 3. court's reasoning on evidence and remand appropriateness. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final judgment and dismissal of revision. (Para 13) |
ORDER
This Criminal Revision has been preferred as against the order dated 06.09.2024, passed by the learned XIX Additional Judge, City Civil Court, Chennai, in Crl. Appeal No.209 of 2022, thereby setting aside the order passed by the learned Metropolitan Magistrate, Fast Track Court-I, Allikulam, Chennai, in C.C.No.1812 of 2011 dated 12.08.2022, thereby convicting the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act , (hereinafter referred to as “the NI Act”) and also remanded back to trial Court for fresh trial.
2. The petitioner lodged complaint as against the respondent for the offence punishable under Section 138 of the NI Act alleging that, on 21.10.2010, the respondent borrowed a sum of Rs.5,67,70,000/-. In order to repay the said amount, the respondent issued three cheques for the sum of Rs.2,00,00,000/-, Rs.15,00,000/- & Rs.50,00,000/-. All the cheques
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