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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sunder Mohan, J
M.Karthikeyan – Appellant
Versus
M/s. Soliswara Tex – Respondent
| Table of Content |
|---|
| 1. case involves dishonour of cheque and liability of partners. (Para 1 , 2 , 3) |
| 2. arguments presented regarding conviction and statutory provisions. (Para 4 , 5) |
| 3. court identifies errors in previous judgments regarding partner liability. (Para 8 , 9 , 11 , 12) |
| 4. the case is remanded for retrial based on identified errors. (Para 13) |
ORDER
The Criminal Revision Case is filed by the petitioner/A2 challenging the Judgment dated 04.08.2023 in Crl.A.No.85 of 2022 on the file of the learned Principal Judge, Tiruppur, thereby confirming the Judgment dated 24.06.2022 in STC No.2072 of 2017 on the file of the learned Judicial Magistrate, Palladam, convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act [in short, 'the NI Act'] and sentenced him to undergo 11 months simple imprisonment and to pay twice the cheque amount to the complainant as compensation, in default to undergo three months simple imprisonment
2. It is the case of the respondent that the petitioner is a partner in a firm, which is arrayed as A1 in the complaint filed by the respondent; that the partnership firm was due to pay a sum of Rs.48,97,397/- towards five invoices
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