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[02/12, 12:58] Sekarreporter: *HEAD NOTE* *IN THE HIGH COURT OF JUDICATURE AT MADRAS* Crl.A.No.329 of 2015 *Date of Order:* 06.11.2025 *Coram:* The Honourable Mr. Justice D. Bharatha Chakravarthy *Parties:* – *Appellant:* S. Mukunchand Bothra (Deceased) *M. Gagan Bothra (Son of Late Shri. S. Mukunchand Bothra) – *Respondent:* R. Krishnamurthy @ Kasthoori Raja *Counsel:* – *For Appellant:* Party in person – *For Respondent:* Mr. S. Haja Mohideen Gisthi *Court Observation:* The trial court acquitted the respondent of an offence under Section 138 of the Negotiable Instruments Act, 1881, holding that the appellant failed to prove that the cheque was issued for a legally enforceable debt. The court noted that the appellant’s witness admitted to filling out the cheque and promissory note, and that the respondent’s defence that the cheque was given as security was plausible. The court also observed that the appellant’s failure to mention these facts in the statutory notice, complaint, or proof affidavit raised doubts about the appellant’s case. [02/12, 12:58] Sekarreporter: 👍
by Sekar Reporter · Published December 2, 2025
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14. Accordingly, Writ Order dated 01.02.2021 passed in W.P.No.13025 of 2007 is set aside and the writ appeal is allowed. No costs. Consequently, the connected miscellaneous petitions are closed. (S.M.S.,J.) (C.K.,J.) 23-02-2026 Index: Yes Speaking Order Neutral Citation: Yes/No
by Sekar Reporter · Published March 6, 2026
