MADURAI BENCH OF MADRAS HIGH COURT
M/S. GOWMARI COTTON MILLS – Appellant
Versus
M/S. SURYA CHAKRA SPINNING – Respondent
COMMON ORDER
These four revision petitions are directed against the dismissal of the petitions filed under section 391 of Cr.P.C to adduce additional evidence in the pending appeal filed by the complainant in four STC cases which ended in acquital.
2. The grievance of the petitioner herein is that since the trial court has dismissed the complaint holding that there is no proof for an existing enforceable debt for which the alleged four cheques were given. In the appeal filed against the order of acquital, he wanted to mark the plaint and the written statement copy in O.S.No.111 of 2000 which was pending between the complainant and the accused on the file of the District Munsif cum Judicial Magistrate, Perundurai, which will reveal existing enforceable debt at the time of issuing the subject cheques.
3. The contention of the revision petitioner is that in the said suit there is a specific pleading regarding money transaction between them and the debt payable by the accused. The plaint of the accused will lend proof of legally enforceable debt and cheques were issued to discharge the said enforceable debt. 4.The appellate court after considering the plea, held that under the garb of add
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