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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR, J
N.Ramadoss – Appellant
Versus
V.Paramasivam – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial steps taken by the complainant. (Para 1 , 8 , 10) |
| 2. court's emphasis on legal presumptions regarding cheques. (Para 12 , 13) |
| 3. discussion on adequacy of proof and rebuttal concerning the complainant's capacity. (Para 26) |
| 4. final decision expressed in light of established legal principles. (Para 29 , 30) |
JUDGMENT
The Criminal Appeal is directed against the judgment made in S.T.C.No.1843 of 2017 dated 06.08.2022 on the file of the Court of Judicial Magistrate, Tiruchendur, in acquitting the respondent / accused for the offence under Section 138 of the Negotiable Instruments (hereinafter referred as 'NI') Act.
2. The appellant, who is the complainant, filed a complaint under Section 200 Cr.P.C. against the respondent / accused 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 is that the accused having close acquaintance with the complainant approached him on 18.03.2016 and demanded a loan of Rs.6 lakhs to meet out his urgent family expenses agreeing to repay t
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