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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
P.Saranya – Appellant
Versus
P.Kishore Kumar – Respondent
| Table of Content |
|---|
| 1. complainant alleges loan and dishonored cheque. (Para 1 , 2) |
| 2. legal presumption of liability and evidentiary burden discussed. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court analysis of evidence and responses under scrutiny. (Para 9 , 10) |
| 4. court concludes acquittal was justified and plausible. (Para 11 , 12 , 14) |
| 5. final ruling on the appeal. (Para 15) |
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 a
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