2019 (7) TMI 242

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....has preferred these appeals challenging the orders passed by the High Court of Madras dated 06.07.2018 and 23.06.2018 in Crl. A (MD) No.608 of 2007, by which the High Court has reversed the acquittal of the appellant-accused and convicted him under Section 138 of the Negotiable Instruments Act and imposed a fine of Rs. 60,000/- in default to undergo simple imprisonment for six months. 3. Brief ....

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....amined and Exhibits P-1 to P-7 were marked. The appellant-accused has not adduced any evidence. Upon consideration of the evidence, the trial court held that the amount was borrowed in the year 2001 and the cheque was presented for collection after three years of borrowing the loan. The trial court took the view that the cheque was valid for six months and that the cheque was not presented within ....

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....e judgment of the trial court and convicted the appellant-accused under Section 138 of the Negotiable Instruments Act and imposed a fine of Rs. 60,000/- in default to undergo simple imprisonment for six months. Being aggrieved, the appellant-accused is before us. 7. We have heard Mr. S. Nagamuthu, learned senior counsel appearing on behalf of the appellant-accused. The learned senior counsel ap....

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....in the criminal appeal before the High Court. When the accused has not entered appearance in the High Court, in our view, the High Court should have issued second notice to the appellant-accused or the High Court Legal Services Committee to appoint an advocate or the High Court could have taken the assistance of amicus curiae. When the accused was not represented, without appointing any counsel as....