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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED, J
Jose Anthony – Appellant
Versus
R.Murugan – Respondent
| Table of Content |
|---|
| 1. allegations of borrowing and cheque dishonor. (Para 2 , 3) |
| 2. trial and appeal process details. (Para 4 , 5) |
| 3. presumption of validity of cheque and burden of proof. (Para 10 , 18 , 19) |
| 4. court observations on compliance and evidence. (Para 12 , 13 , 21) |
| 5. legal precedents on cheque validity. (Para 23 , 24 , 25) |
| 6. dismissal of revision case with final judgement. (Para 26 , 27 , 28) |
ORDER
1. This Criminal Revision Case is filed against the judgement of conviction and sentence, dated 27.06.2024, passed in Crl.A.No.11 of 2024, by the Additional District (FTC) Court, Theni, confirming the judgement of conviction and sentence, dated 01.08.2023, passed in STC.No.13 of 2013, by the Judicial Magistrate Court, FTC, Uthamapalayam.
2. The facts of the case in a nutshell, led to filing of this Criminal Revision Case and necessary for disposal of the same, are as follows:-
(a)The Revision Petitioner is the accused and the Respondent is the Complainant. It is alleged that the Revision Petitioner/ Accused had borrowed a sum of Rs.8,00,000/- from the Respondent/Complainant on 11.09.2022 and to discharge the said debt, the Revision Petitioner/Accused had issued a post dated cheque, be
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