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JOHN BOSCO FIDELIS v. SELVANAYAGI

Supreme Court of India | Diary 40467/2023

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE ARAVIND KUMAR, HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

JOHN BOSCO FIDELIS

Respondent

SELVANAYAGI

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 5134 /2024 [@ SLP [CRL.] NO.1933/2024]

JOHN BOSCO FIDELIS Appellant(s)

VERSUS

SELVANAYAGI & ANR. Respondent(s)

O R D E R

Leave granted.

We have heard learned counsel appearing for the

appellant and learned counsel appearing for the

State. There is no representation on behalf of the

respondent No.1 even after service of notice. On the

last occasion, we adjourned the matter.

Unfortunately, even today there is no representation

on behalf of the respondent No.1.

2

Learned counsel appearing for the appellant

submitted that the Trial Court and the First

Appellate Court rendered conviction by accepting the

evidence adduced by the parties. It is not in

dispute that the cheques were issued by the

respondent No.1, which contained her signatures as

well. The means of the complainant have been proved

before Trial Court and the First Appellate Court. The

defence of the respondent No.1 is only to the effect

that she only received a sum of Rs.50,000/- which was

repaid but there was no proof for the same. However,

the High Court, in exercise of the revisional power,

re-appreciated the evidence and held that it is not

acceptable that a person would lend money on various

occasions to a person, who has not repaid the earlier

amount. Learned counsel submitt...

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