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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.Victoria Gowri, J
Packiam – Appellant
Versus
The State of Tamilnadu, Rep. by the Sub Inspector of Police, Thirunagar Police Station, Madurai District. – Respondent
| Table of Content |
|---|
| 1. procedural overview of the criminal revision cases. (Para 1 , 2 , 3) |
| 2. accused's arguments regarding the definitions and intentions related to charges. (Para 4 , 5) |
| 3. court's observations on the connection between civil transactions and criminal allegations. (Para 6 , 8 , 9 , 12 , 14) |
| 4. clear delineation between civil disputes and applicable criminal charges. (Para 15) |
| 5. final ruling allowed discharge of the accused. (Para 16 , 17) |
COMMON ORDER
These Criminal Revision Cases are directed against the orders of the learned Judicial Magistrate No.VI, Madurai, in Crl.M.P. No.2178 of 2023 dated 11.07.2023 (filed by A3) and Crl.M.P. No.5802 of 2023 dated 24.08.2023 (filed by A2) in C.C. No.938 of 2020, whereby the petitions for discharge under Section 239 Cr.P.C ., 2023, were dismissed.
2. Case Background:
The prosecution case is that A1 to A3 borrowed Rs.12,70,200/- (Rupees Twelve Lakhs Seventy Thousand and Two Hundred only) from the de facto complainant, repaid Rs.2,80,000/- (Rupees Two Lakhs and Eighty Thousand only), executed a writing on Rs.100/- (Rupees Hundred only) stamp paper for Rs.11,80,000/- (Rupees Eleven Lakhs and Eighty Thousand only), but failed to repay t
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