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    Criminal Appeal - Memorandum of Revision

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    Criminal Appeal - Memorandum of Revision

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    Criminal Appeal - Memorandum of Revision

    Uploaded by

    mailtoshruthikumar

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    of 4

    IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE OF

    ERODE

    C.A NO /2023

    Natarajan
    S/o Puurushothaman
    …. Appellant/ Accused No.2

    Vs

    K S Nallathambi
    Rep by Power of Attorney Holder,
    N Gowtham Senthil Varman
    …. Respondent/Complainant

    CRIMINAL APPEAL FILED U/S 374 OF Cr.P.C AGAINST THE


    JUDGEMENT DT 10.10.2023 PASSED IN STC NO 431/2019 ON THE FILE OF
    FAST TRACK JUDICIAL MAGISTRATE NO. I ERODE

    Appellant

    Natarajan aged about 54 years son of Purushothaman, having office at M/s


    AR.A.S.&P.V.P.V.Motors Erode P.Ltd., Perundurai Road, Erode DT
    The address for service is as above and care of
    M Dhanraj, B.A., B.L.,
    (MS No 50/2002) (Ph: 9443071979)
    M Mathiyazhagan, B.A., B.L.,
    R Arulkumar B.A.,L.L.B.,
    S Poojithvengatesan B.A.,L.L.B.,
    Advocates
    15, Tiruveni Nagar, Sengodampalayam,
    Thindal PO, Erode – 638 012
    Respondent
    N Gowtham Senthil Varman, aged about 40 years son of K S Nallathambi, power of
    attorney and legal heir of since deceased K S Nallathambi, the original complainant of
    the case, residing at 2/8, Ganapathi Nagar, Erode -11
    The address for service for the respondent is same as above.

    The Appellant begs to submit that he was tried along with the 1 st accused of the
    case for the offence u/s 138 r/w 142 of Negotiable Instruments Act, based on a private
    complaint in STC No 431/2019 filed by the respondent before the Fast Track Judicial
    Magistrate No I, Erode. The learned Fast Track Judicial Magistrate No I, Erode has in
    his judgment dt 10.10.2023 acquitted the 1 st accused and convicted the appellant and
    sentenced him to undergo a simple imprisonment of 3 months and to pay the cheque
    amount of Rs.5,00,000/-as compensation to the complainant u/s 357(3) of Cr P C
    within 3 months of the order and to undergo a further simple imprisonment of 1 month
    in case of failure to pay the above mentioned amount. A Non Bailable Warrant was
    issued on 10.10.2023 against appellant for non appearance on the date of Judgement.

    Grounds of Appeal

    1. The judgment of lower Court is against law and weight of evidence.

    2. The lower Court has erred in convicting the appellant u/s 138 r/w 142 of
    Negotiable Instrument Act.

    3. The lower court has failed to consider the main contention of the
    appellant that the repayment on the full amount claimed by the
    complainant has been partly done and there is no legally enforceable
    debt for the full amount of the cheque.

    4. The lower court has failed to consider the fact that the PW1/ POA holder
    himself has accepted that repayments to the tune of Rs 3,58,000/- has
    been received in the account of the complainant. Hence there arises no
    need to provide documentary evidence in support of the claim as the
    same is accepted by the complainant.
    5. The lower court has also failed to consider the fact that the PW1/POA
    holder has admitted that a civil case is also instituted with regard to the
    same subject loan causing double jeopardy to the appellant.

    6. The lower court has failed to consider the fact that the PW1 contradicts
    his own complaint by stating that the loan was given for 12% interest
    whereas the complaint and other documents state the interest to be 18%.

    7. Having raised reasonable doubts on quantum of the enforceable debt, the


    complainant has not proven beyond doubt the amount due to him.

    8. For the grounds mentioned above and for other grounds which will be
    argued at the time of enquiry, the appeal has to be allowed.

    9. Therefore, the appellant humbly prays that this Honourable Court may
    be pleased to allow the appeal and set aside the judgment and conviction
    dt 10.10.2023 passed in STC No 431/2019 in the file of Fast Track
    Judicial Magistrate No I, Erode and acquit the appellant and render
    justice.

    Advocate for Appellant

    List of documents
    1. 10.10.2023- Copy of Judgment in STC.No.431/2019

    Advocate for Appellant


    IN THE COURT OF THE DISTRICT
    AND SESSIONS JUDGE OF ERODE

    C.A NO /2023

    Natarajan
    S/o Puurushothaman

    …. Appellant/ Accused No.2

    Vs
    K S Nallathambi
    Rep by POA Holder
    N Gowtham Senthil varman

    …. Respondent/Complainant

    CRIMINAL APPEAL FILED U/S 374


    OF Cr.P.C AGAINST THE
    JUDGEMENT DT 10.10.2023 PASSED
    IN STC NO 431/2019 THE FILE OF
    FAST TRACK JUDICIAL
    MAGISTRATE NO I ERODE

    Pre on: 04.11.2023

    Address For Service:


    M Dhanraj, B.A., B.L.,
    (MS No 50/2002) (Ph: 9443071979)
    M Mathiyazhagan, B.A., B.L.,
    R Arulkumar B.A., L.L.B.,
    S Poojithvengatesan B.A., L.L.B.,
    Advocates
    15, Tiruveni Nagar, Sengodampalayam,
    Thindal PO, Erode – 638 012

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