Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 1001 - MADRAS HIGH COURTDishonor of Cheque - recovery of amount remain unpaid arising as a result of Business Transaction - whether the order of conviction and sentence passed by the Trial Court is sustainable in law? - Held that:- This Court is satisfied that there are necessary averments in the affidavit with regard to the knowledge of the Power of Attorney Holder representing the respondent/private complainant. Accordingly, I have no hesitation to hold that the statutory requirement of the affidavit relating to personal knowledge of the Power of Attorney is fully complied with. From the evidence of the prosecution witness P.W.1 and the documents Ex.P.1 to P.13, it is seen that private complainant has successfully demonstrated regarding the business transaction between the parties and revision petitioner has liability of ₹ 4,60,388/- which has been admitted under Ex.P.3. Since the said document remained unchanged and the cheque in issue was also representing legally enforceable debt and the cheque was dishonored with an endorsement “stop Payment” and even after statutory notice demanding the payment, he has not paid the amount and hence, the conviction and sentence passed by the Courts bellow cannot be interfered with as they does not suffer from any irregularity or illegality warranting interference by this Court. Criminal Revision Case is dismissed.
|