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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Sankar – Appellant
Versus
C.Muthukumar – Respondent
| Table of Content |
|---|
| 1. background of case and conviction under section 138 of ni act. (Para 2 , 3 , 4) |
| 2. arguments on presumption rebuttal in cheque bounce case. (Para 5 , 6) |
| 3. court observation on statutory presumption under ni act. (Para 7 , 8 , 9) |
| 4. revision dismissed with conditional relief based on payment. (Para 10) |
ORDER
This Criminal Revision Case has been filed against the Judgment dated 18.04.2023 passed in C.A.No.7 of 2022 on the file of the Additional District and Sessions Judge, Coimbatore, thereby confirming the order of conviction and sentence imposed by the Judicial Magistrate Court No.II, Pollachi, in S.T.C.No.2069 of 2016, dated 22.12.2021, for the offence punishable underSection 138of theNegotiable Instruments Act.
2. The petitioner is the accused in the complaint lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The case of the respondent is that the accused borrowed a sum of Rs.5,00,000/- from the respondent for his urgent needs and promised to repay the same with interest at the rate of 12% per annum. However, the accused failed to repay the said amount. After repeated requests, the accused issued a cheque for a
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