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2025 Supreme(Online)(Mad) 72136

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR, J
G.Sivasubramaniyan – Appellant
Versus
K.Parthasarathi @ K.P.Sarathi – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Lakshmi Gopinathan
For the Respondents: Ms.Karthika, for Mr.R.Venkatesan.

JUDGMENT

This Criminal Appeal is directed against the judgment made in C.C.No.241 of 2014, dated 02.04.2018 on the file of the Court of the Judicial Magistrate No.I, Sivakasi, in acquitting the respondent/accused for the offence under Section 138 of Negotiable Instruments Act.

2.The appellant, who is the complainant, filed a complaint under Section 200 Cr.P.C., against the respondent for the offence under Section 138 r/w 142 of Negotiable Instruments Act.

3. For the sake of convenience and brevity, the parties hereinafter will be referred as per their ranking/status before the trial Court.

4.The complainant's case : The complainant having good acquittance with the accused used to advance loans to him. The complainant, who was possessing Mahendra Scorpio vehicle bearing Registration No.TN-20- Q-0718 belonging to his father-in-law, agreed to sell it to the accused and the accused agreed to settle the amount of Rs.2,50,000/- due to Srithandapani Finance and to pay Rs.2,00,000/- to the complainant. The accused, for paying the amount of Rs.2 lakhs, issued two cheques, one bearing No.000101 dated 22.03.2014 for Rs.10,000/- and other bearing No.000108, dated 27.03.2014 for Rs.1,90,000/- d

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