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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar, J
S.Motcha Rackini – Appellant
Versus
Jayanthi – Respondent
| Table of Content |
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| 1. cheque dishonour under section 138 ni act; trial court acquittal appealed. (Para 1 , 2) |
| 2. appellant asserts presumption under sections 118/139; proved wherewithal. (Para 3 , 4) |
| 3. respondent rebuts via cross-exam; documents not contemporary. (Para 5 , 6) |
| 4. no wherewithal proved; defence probabilised. (Para 7) |
For Appellant : Mr.I.Abdul Basith For Respondent : Mr.R.Rajarajan JUDGMENT The appellant as complainant filed a case under Section 138 of Negotiable Instrument Act (NI Act) against the respondent in S.T.C.No.98 of 2013 before the learned Judicial Magistrate (Fast Track Court) Tiruvannamalai. The Trial Court by judgment dated 15.09.2021 dismissed the complaint. Against which, the present appeal is filed.
2.The complaint against the respondent filed before the Trial Court is that the appellant working as Headmistress in Naidumangalam Village, Tiruvannamalai Taluk, the respondent was also a Teacher and hence, they had a cordial relationship. Their respective spouses were also Teachers and known to each other. The respondent for family requirements borrowed a sum of Rs.15,00,000/- from the appellant and in repayment of the same, issued a cheque bearing No.162581
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