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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Suresh Babu – Appellant
Versus
Vijayakumar – Respondent
| Table of Content |
|---|
| 1. procedural history of the dispute regarding dishonoured cheques leading to this revision. (Para 1 , 2 , 3 , 4) |
| 2. contentions regarding the onus to prove a legally enforceable debt. (Para 5 , 6) |
| 3. application of statutory presumptions under the negotiable instruments act. (Para 7 , 8) |
| 4. final order dismissing the revision with conditional relief for the accused. (Para 9) |
ORDER
This revision has been preferred as against the judgment passed in Crl.A.No.100 of 2018 dated 31.01.2019 on the file of the learned Additional District and Sessions Judge, Vellore, Vellore District, thereby reversed the findings of the acquittal order passed by the learned Judicial Magistrate, (Fast Track Court), Vellore, Vellore District, in CC.No.31 of 2012 dated 05.10.2012, for the offences punishable under Section 138 of Negotiable Instruments Act and convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act.
2.The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, alleging that the petitioner had borrowed a sum of Rs.6,00,000/- on 07.04.2011 and agreed
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