IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR, J
Reliance Industries Ltd – Appellant
Versus
M/s Ashwini Associates – Respondent
| Table of Content |
|---|
| 1. facts of the complaint and accusations (Para 1 , 2 , 4) |
| 2. appeal process and previous judgments (Para 8 , 10) |
| 3. legal presumptions under ni act (Para 11 , 12 , 13 , 14) |
| 4. burden of proof and rebuttable presumptions (Para 16 , 17 , 18 , 20) |
| 5. final judgment and imposed penalties (Para 51 , 54) |
JUDGMENT
The Criminal Appeal is directed against the judgment made in S.T.C.No.940 of 2012 dated 18.11.2014 on the file of the Court of Judicial Magistrate No.I, Fast Track Court at Magisterial Level, Madurai, in acquitting the respondents 1 to 3 / accused 1 to 3 for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act').
2. The appellant Company, who is the complainant, filed a complaint through its duly constituted attorney, under Section 200 Cr.P.C. against the respondents / accused 1 to 4 for the offence under Section 138 r/w 142 of the NI Act.
3. For the sake of convenience and brevity, the parties herein after will be referred to as per their status / ranking in the trial Court.
4. The case of the complainant Company is as follows;
(a) The complainant Company is a Public Limited Company incorporated under the Companies Act,
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