IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. KARPAGAVINAYAGAM, J
V. Venkatesa Subbu v. M/s. Jaya Bhaskaran and Co. and Another
| Table of Content |
|---|
| 1. challenge to acquittal of respondents based on non-production of evidence. (Para 1 , 2) |
| 2. arguments contesting the validity of trial court's decision. (Para 3 , 4) |
| 3. court upheld that only one cause of action arises (Para 5 , 8) |
| 4. cause of action arises from the first dishonor; validity of notice. (Para 6 , 7) |
| 5. final dismissal of the appeal. (Para 9) |
1. Challenging the judgment, acquitting the respondents / accused in respect of the offence under S.138 of the Negotiable Instruments Act , the appellant - complainant has filed this appeal.
2. The trial Court acquitted the accused on two grounds, namely (i) the complainant has not produced any records to show that the complainant is a partner of the partnership firm in favour of whom, the cheque has been drawn, and (ii) the cheque was dishonoured on the reason that the account was closed and therefore, S.138 of the Negotiable Instruments Act is not attracted.
3. Assailing the above grounds, Mr. V. Sitharanjandas, learned counsel for the appellant would read the relevant portion of the evidence and contend that there are materials through oral evidence to show that the complainant is a partner of the partnership fro
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