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2021 (8) TMI 374 - MADRAS HIGH COURTDishonor of Cheque - financial transaction took place between the petitioner and the respondent or not - petitioner claims that the cheque in question was not issued by the petitioner to the respondent / complainant - rebuttal of evidence adduced on the side of the complainant - HELD THAT:- It is true that Section 391 of the Code of Criminal Procedure confers power upon the Appellate Court to permit additional evidence to be taken. As rightly pointed out by the III Additional District and Sessions Judge, Tirunelveli, summoning of the letter of the petitioner, dated 30.03.2010 requesting the Manager, ICICI Bank, Tirunelveli Junction Branch, to stop payment of cheques and the Bank account maintained by him in Savings Account No.613501514466, are not at all necessary for the just decision of the appeal in C.A.No.125 of 2018, since even if the cheque issued by the petitioner happened to be dishonoured on the ground that "account closed", a prosecution under Section 138 of the Negotiable Instruments Act, is still maintainable. Based on the complaint lodged by the present petitioner, one K.R.P.Elango, has been prosecuted and the mere contention of the present petitioner is that only at the behest of K.R.P.Elango, the respondent /complainant filed a complaint cannot be accepted, in the absence of sufficient proof. The examination of the Post Man, Mukkudal Post Office, is not necessary for the present case. Since it is not the case of the petitioner that he did not receive any statutory notice, dated 09.11.2011 - the Criminal Original Petitions are dismissed.
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