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2026 Supreme(Online)(Mad) 46351

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Sumathini – Appellant
Versus
P.N.Suresh Babu – Respondent


Advocates:
For the Appellants/Petitioners: No appearance
For the Respondents: K.Myilsamy

Table of Content
1. overview of the background and procedural history of the conviction under negotiable instruments act. (Para 1 , 2 , 3)
2. failure to rebut statutory presumption confirms conviction and sentence under section 138. (Para 4 , 5 , 6)

Order

This revision has been preferred as against the Judgment passed in C.A.No.57 of 2023 on the file of learned I Additional District Sessions Judge, Tiruppur, confirming the order of conviction and sentence imposed in S.T.C.No.460 of 2019 on the file of the learned Judicial Magistrate, Fast Track Court, Tiruppur, for the offence under Section 138 of the Negotiable Instruments Act.

2.The petitioner is the accused on the complaint lodged by the respondent for the offence under Section 138 of the Negotiable Instruments Act, alleging that the accused borrowed a sum of Rs.2.5lakhs as hand loan on 10.09.2017 for his urgent family and business expenses and he also agreed to pay this within one year. In order to repay the amount, he issued a cheque dated 01.12.2018 for a sum of Rs.15,000/- and the same was presented for collection, the cheque was returned dishonoured on 12.12.2018 for the reason ‘Payment stopped by drawer”. Hence the respondent

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