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2025 Supreme(Online)(Mad) 64719

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
P.Saranya – Appellant
Versus
P.Kishore Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Ganesan
For the Respondents: Mr.M.K.Sathish

ORDER

This appeal is filed against the judgment of the learned Metropolitan Magistrate FTC, 1 at Egmore, Alikulam, Chennai, dated 22.11.2021, made in C.C.No.3821 of 2018. By that judgment, the Trial Court found the accused not guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881 , and acquitted him.

2. The case of the complainant is that she resides opposite the house of the accused, and in that context, she became acquainted with him. The accused portrayed himself as a successful businessman dealing in electronics in Nemili. Taking advantage of the complainant's status, as the only earning member of her family, the accused claimed he would return the amount with profit from his business income. The complainant, using her savings set aside for her marriage expenses, lent him money. Believing the accused's words, she parted with a total of Rs. 8,60,000 in cash between 2012 and 2017. However, the accused neither repaid the amount nor shared any profit from his business. When demanded, the accused issued a cheque for Rs.8,60,000/- dated 24.12.2017. When presented for collection, the cheque was dishonoured with the endorsement “funds insufficient.” Subsequent

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