TaxTMI 
TaxTMI 
2018 (10) TMI 270
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....nt dated 23.11.2012 made in C.A.No.138 of 2012 by the learned I Additional Sessions Court, Erode, confirming the conviction imposed in the judgment dated 12.07.2012 mad in S.T.C.No.4530 of 2009 by the District Munsif-cum-Judicial Magistrate, Perundurai. 2 The case of the respondent/complainant is that the appellant/accused borrowed a sum of Rs. 2,00,000/- and issued a cheque on 15.05.2009 to disc....
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..... 10,000/-, in default, further simple imprisonment for a period of three months. Aggrieved against which, the accused had filed an appeal in C.A.No.138 of 2012 before the learned I Additional Sessions Judge, Erode. The lower appellate Court, being a fact finding Court re- appreciated entire evidence, and after giving due opportunities to both the parties, dismissed the appeal by judgment dated 23....
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..../complainant and the presence of whom he received the cheque. Further the respondent/complainant is failed to produce any documents to prove the execution of cheque. Mere production of cheque, is not sufficient to discharge the burden and the respondent/complainant could not take shelter under Section 139 of Negotiable Instruments Act. The learned counsel in support of his contentions has relied o....
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....LR 2009 (3) Kerala 43. The Courts below, after considering all these aspects, had acquitted the accused. 7 Heard the learned counsel appearing on either side and perused the materials available on record. 8 On a careful reading of the complaint, it reveals that the respondent/complainant stated that there is money transaction between the appellant/accused and respondent/complainant, whereas in t....