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2025 Supreme(Online)(Mad) 64120

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
Mohan Kumar – Appellant
Versus
S.Subramanian – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Thiagarajan
For the Respondents: Mr.R.Darshan, Mr.P.Krishnan

Table of Content
1. claim of debt and dishonor of cheque. (Para 2 , 3)
2. arguments regarding the sufficiency of evidence. (Para 4 , 5)
3. court's observations on burden of proof and retrial. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 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.211 of 2022, thereby setting aside the order passed by the learned Metropolitan Magistrate, Fast Track Court-I, Allikulam, Chennai, in C.C.No.1815 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.1,00,00,000/-. In order to repay the said amount, the respondent issued a cheque for the sum of Rs.1,00,00,000/-. The cheque was presented for collection and the same was returned dishonoured for the reason “insufficient f

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