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2021 (12) TMI 328 - MADRAS HIGH COURTDishonor of Cheque - legally enforceable debt or not - rebuttal of statutory presumption - relationship between the parties is landlord and tenant or not - Section 138 of the Negotiable Instruments Act - HELD THAT:- Non mentioning of the second transaction in the first legal notice dated 02.09.2011, can be used by the revision petitioner herein/accused to her advantage in the second complaint said to be pending before the learned Judicial Magistrate No.1, Coimbatore, is not relevant for in this complaint and such finding rendered by the Lower Appellate Court appears to be proper and the same does not require any interpretation at this revision stage. It is seen from the grounds of the revision that the respondent herein obtained three alleged pro-note marked as Exs.P1, P2 & P3 in the Trial Court charging exorbitant interest on the alleged principal amount, the same is contrary to provisions of the Tamil Nadu Money Lenders Act, 1957, in the oral evidence PW1, PW2, PW3 clearly demonstrated the same before the Court. The evidence of PW2 and the endorsement made therein has been spoken to by PW3. Issuance of cheques from the account of the accused and the signature is not being disputed on the alleged cheques for legally enforcible debt. However, based upon Exs.P1 to P3/promissory notes which has been clearly demonstrated before the Court, the above contention raised at the revision stage does not alter the position. This Court finds that there is no merits in the revision and the order passed by both the Courts below does not suffer from any illegality or irregularity warranting interference - Criminal Revision Case stands dismissed.
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