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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED, J
K.Thangavel – Appellant
Versus
R.Senthil – Respondent
| Table of Content |
|---|
| 1. conviction based on presented cheques. (Para 2 , 3 , 4) |
| 2. dispute over capacity to lend. (Para 5 , 6) |
| 3. presumption under section 139 leads to conviction. (Para 18 , 19) |
ORDER
This Criminal Revision Case is filed against the judgement of conviction and sentence, dated 28.08.2024, passed in Crl.A.No.9 of 2024, by the learned I Additional District and Sessions Judge, (PCR), Thanjavur, confirming the judgement of conviction and sentence, dated 28.11.2023, passed in STC.No.126 of 2021, by the Judicial Magistrate, Fast Track Court, Thanjavur.
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.10,00,000/- from the Respondent/Complainant on 19.08.2018 and to discharge the said debt, the Revision Petitioner/Accused had issued two cheques, bearing Nos.845689 and 845690, dated 23.03.2021 and 14.04.2021 respectively for a sum Rs. 5,00,000/- each drawn on Indian Overseas Bank, Thuraiyur Madhurapuri Branch in favour of the Respondent/Co
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