TN HC cautions subordinate courts in cheque bounce case

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Chennai, Oct 18 (UNI) The Madras High Court has cautioned subordinate courts against mechanically presuming the liability of a person cited as an accused in a cheque bounce case.

Acquitting the wife of a former MP in a cheque bounce case, Justice K Mohan Ram said yesterday such presumptions may lead to injustice and wrong conviction.

The Tiruvallur Fast Track Court had found Kalavally guilty and ordered her to repay Rs 3.29 lakh to complainant Parthasarathy, besides imposing a fine of Rs 5,000.

Ms Kalavally filed a revision petition on the ground that the complainant was a man of no means and could neither explain the source of his money nor the purpose for which the money was given as a loan.

Justice Mohan Ram said vital facts such as the inability of the complainant to provide details of the transaction and the soource of Rs three lakh, which he had been allegedly loaned to the MP's wife, had not been satisfactorily explained by Mr Parthasarathy.

UNI XR GM SBC HT1117

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