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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar, J
R.Prabhakaran – Appellant
Versus
M.Balamurugan – Respondent
| Table of Content |
|---|
| 1. complaints regarding dishonored cheques fall under the n.i. act. (Para 1 , 2 , 3 , 4) |
| 2. defendant's claims without supporting evidence fail to overturn statutory presumptions. (Para 5 , 6 , 7 , 8 , 10) |
| 3. conviction findings are upheld based on evidential support. (Para 11 , 12 , 13) |
| 4. appellate review of acquittals requires clear perversion in the lower court's findings. (Para 14 , 15 , 16) |
JUDGMENT
The appellant as complainant filed a private complaint under Section 138 of Negotiable Instruments Act, 1881 in S.T.C.No.65 of 2015 before the learned II Additional District Munsif, Bhavani (trial Court) against the respondent/accused. The trial Court by judgment dated 10.01.2017 convicted the respondent and sentenced to undergo Simple Imprisonment for one year and to pay the cheque amount of Rs.7,00,000/- as compensation to the respondent in default to undergo Simple Imprisonment for three months, for offence under of . Challenging the same, the respondent preferred an appeal before the learned Additional District Judge, Bhavani (lower appellate Court) in Crl.A.No.39 of 2017 and the same was allowed by judgment dated 21.02.2018 setting aside the judgment of the t
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