2020 (1) TMI 1471

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....de the Judgment and Order, dated 17.1.2013 passed in C.C. No. 276 of 2007 on the file of the Judicial Magistrate Court No. II, Erode, confirmed by the Judgment and Order, dated 4.4.2013 passed in C.A. No. 7 of 2013 on the file of the Principal Sessions Court, Erode. 2. For the sake of convenience, the Petitioner and the Respondent will be referred to as Accused and Complainant, respectively. 3. ....

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....or the offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act"), against the Accused. 4. Before the Trial Court, the Complainant examined himself as PW1 and marked six Exhibits. 5. When the Accused was questioned under Section 313, Cr.P.C. on the incrimination circumstances appearing against him, he denied the same and did not come forward to give explanation ....

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..... M. Guruprasad, learned Counsel for the Accused and Mr. S. Kaithamalaikumaran, learned Counsel for the Complainant. 10. Before adverting to the rival submissions, it may be necessary to state here that while exercising Revisional jurisdiction in a case involving concurrent findings of fact arrived at by two Courts below, the High Court cannot act as a Second Appellate Court [See State of Maharas....

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....used to comply with the demand. 12. In the cross-examination of the Complainant, the Accused had taken a Defence that the Complainant had given a loan to one Ravi and was not able to realise it, because, the said Ravi had filed a Petition for insolvency before the Subordinate Court, Erode; Ravi had handed over the impugned Cheque (Ex.P1) of the Accused to the Complainant for filing a prosecution ....