IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.03.2026 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Uttam Chand Kumar Gulecha S/o. Late Pukhrajji Gulecha No.402, Mint Street, Chennai – 600 079. ... Appellant Vs.

J.Vijayakumar S/o.Mr.J.Jughraj, No.47-A, Naidu Stret, Kottu Garden, Chennai – 600 085. ... Respondents PRAYER: Criminal Appeal filed under Section 378 of Cr.P.C., to set aside the judgement dated 30.10.2012 by VIII Metropolitan magistrate George Town, Chennai, in C.C.No.5471 of 2006 and allow the Criminal Appeal.

For Appellant : Ms.A.Reshma For Respondent : Mr.J.Suresh

JUDGMENT

This Criminal Appeal has been filed as against the order dated 30.10.2012, passed by the learned VIII Metropolitan Magistrate, George Town, Chennai, in C.C.No.5471 of 2006, thereby acquitting the respondent from the charges under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “the NI Act”).

2. The petitioner is the complainant and he lodged complaint as against the respondent alleging that the respondent had borrowed the loan from the appellant on various dates and settling the same on 17.11.2004, Thereafter, the respondent borrowed a sum of Rs. 31,00,000/- and tow