2021 (12) TMI 896

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....ial Magistrate (FTC) Tiruppur and he was convicted for the offence under Sec. 138 of the Negotiable Instruments Act and sentenced to undergo the punishment as under:-     Sl. No        Provision under which convicted        Sentence     1        Section 138 of the Negotiable Instruments Act        To undergo Simple Imprisonment for one year and to pay a fine of Rs. 5,000/-, in default to pay the fine to undergo further simple imprisonment for one month 2. The petitioner has filed an appeal in C.A. No. 100/2013 before the learned Principal Sessions Judge, Tiruppur, challenging the ab....

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.... but one document was marked as Ex. D1. 5. Heard, Mr. J. Franklin, learned counsel for the accused and Mr. J. Kingsly Solomon, learned counsel for the complainant. 6. Point for Consideration:- Whether the judgments of the Courts below in convicting the appellant for offence alleged against him is correct and if so, whether the punishment is correct? 7. The petitioner did not deny the execution of the cheque dated 08.11.2004 for a sum of Rs. 6,00,000/-. But he contended that the above cheque was not meant for discharging any legally enforceable debt and it was given only as security for the interest for the loan amount availed by the petitioner's father namely Pandurangan from the respondent. 8. According to Sec. 139 of the Negotia....