w w w . L a w y e r S e r v i c e s . i n



M/s. Rungta Iron & Steel Pvt. Ltd., Represented by its Manager & Power of Attorney Holder, Narayan Sharma v/s Y. Vasant Rao, Sole Proprietor of M/s. Sharada Steels & Bearings Co.


Company & Directors' Information:- V S L STEELS LIMITED [Active] CIN = U27109KA2003PLC058185

Company & Directors' Information:- H M STEELS LIMITED [Active] CIN = U27106PB1999PLC022707

Company & Directors' Information:- D S R M STEELS PRIVATE LIMITED [Active] CIN = U27310TZ2005PTC012353

Company & Directors' Information:- P D P STEELS LTD [Active] CIN = U65921WB1996PLC077555

Company & Directors' Information:- INDIA IRON AND STEEL CORPORATION LIMITED [Active] CIN = U27106DL2006PLC149653

Company & Directors' Information:- S D S STEELS PRIVATE LIMITED [Active] CIN = U51420TN2006PTC060563

Company & Directors' Information:- S J IRON AND STEELS PVT LTD [Active] CIN = U27310MH1981PTC025508

Company & Directors' Information:- R K K R STEELS PRIVATE LIMITED [Active] CIN = U27101TN1965PTC006069

Company & Directors' Information:- O P STEELS PRIVATE LIMITED [Active] CIN = U27109DL1987PTC027085

Company & Directors' Information:- H R STEELS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070914

Company & Directors' Information:- B G STEELS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC042560

Company & Directors' Information:- N G A STEELS PRIVATE LIMITED [Active] CIN = U27109TZ1995PTC005908

Company & Directors' Information:- C V S STEELS PRIVATE LIMITED [Active] CIN = U29253DL2009PTC189824

Company & Directors' Information:- P P S. STEELS INDIA PRIVATE LIMITED [Active] CIN = U27106TZ2002PTC010188

Company & Directors' Information:- J D IRON PRIVATE LIMITED [Active] CIN = U51420DL1996PTC079084

Company & Directors' Information:- J P STEELS LTD [Active] CIN = U27107AS1992PLC003736

Company & Directors' Information:- K P STEELS LIMITED [Liquidated] CIN = U27109TG1986PLC006878

Company & Directors' Information:- P L STEELS PRIVATE LIMITED [Active] CIN = U27109UR2004PTC000445

Company & Directors' Information:- Z V STEELS PRIVATE LIMITED [Active] CIN = U51909MH1997PTC109791

Company & Directors' Information:- M Q STEELS PRIVATE LIMITED [Active] CIN = U74899DL1997PTC089231

Company & Directors' Information:- S P IRON PRIVATE LIMITED [Active] CIN = U27106DL2005PTC136441

Company & Directors' Information:- N. STEELS PRIVATE LIMITED [Active] CIN = U27106GJ2009PTC056732

Company & Directors' Information:- C I C STEELS PVT LTD [Active] CIN = U27109WB1988PTC045251

Company & Directors' Information:- M J R STEELS PVT LTD [Active] CIN = U74999WB1996PTC076803

Company & Directors' Information:- H S M STEELS PRIVATE LIMITED [Active] CIN = U27100TG2010PTC067913

Company & Directors' Information:- D C STEELS LIMITED [Active] CIN = U27106PB1990PLC010517

Company & Directors' Information:- G M K STEELS PRIVATE LIMITED [Active] CIN = U74899DL2000PTC108623

Company & Directors' Information:- S I F STEELS LIMITED [Active] CIN = U27310GJ1972PLC002137

Company & Directors' Information:- R M IRON AND STEELS PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127813

Company & Directors' Information:- M U STEELS PRIVATE LIMITED [Active] CIN = U27100DL2011PTC228818

Company & Directors' Information:- M P K STEELS I PRIVATE LIMITED [Active] CIN = U27109AS2005PTC007674

Company & Directors' Information:- L M STEELS PRIVATE LIMITED [Active] CIN = U13209UP1980PTC005064

Company & Directors' Information:- S I STEELS INDIA PRIVATE LIMITED [Strike Off] CIN = U52390PY2009PTC002285

Company & Directors' Information:- A R B BEARINGS LIMITED [Active] CIN = U74899DL1990PLC039861

Company & Directors' Information:- A M R IRON AND STEEL PRIVATE LIMITED [Active] CIN = U27100MH2003PTC140824

Company & Directors' Information:- P M P STEELS LIMITED [Strike Off] CIN = U93090TN1994PLC026915

Company & Directors' Information:- M A STEELS PRIVATE LIMITED [Active] CIN = U27109KL2002PTC015691

Company & Directors' Information:- RUNGTA INDIA PVT. LTD. [Active] CIN = U24134WB1994PTC063375

Company & Directors' Information:- RUNGTA IRON & STEEL PRIVATE LIMITED [Active] CIN = U27100TN2009PTC071402

Company & Directors' Information:- M D STEELS PRIVATE LTD. [Active] CIN = U74899DL1987PTC029358

Company & Directors' Information:- D. I. STEELS PRIVATE LIMITED [Active] CIN = U27100MH2005PTC153442

Company & Directors' Information:- A B M STEELS PRIVATE LIMITED [Active] CIN = U27101GJ1986PTC008391

Company & Directors' Information:- T & S STEELS INDIA PRIVATE LIMITED [Strike Off] CIN = U27109KA2007PTC043617

Company & Directors' Information:- K S IRON & STEELS PRIVATE LIMITED [Under Process of Striking Off] CIN = U27100MP2008PTC020661

Company & Directors' Information:- T G V STEELS LIMITED [Strike Off] CIN = U27100TG1996PLC023224

Company & Directors' Information:- A TO Z STEELS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030735

Company & Directors' Information:- S K STEELS PVT LTD [Active] CIN = U27109WB1971PTC027999

Company & Directors' Information:- B. K. STEELS PVT. LTD. [Active] CIN = U27109WB1995PTC068343

Company & Directors' Information:- K L IRON AND STEEL PRIVATE LIMITED [Active] CIN = U27310UP2012PTC051496

Company & Directors' Information:- M K IRON PRIVATE LIMITED [Active] CIN = U27109CH1997PTC019501

Company & Directors' Information:- S M STEELS INDIA PRIVATE LIMITED [Active] CIN = U74899DL1974PTC007190

Company & Directors' Information:- I R C STEELS LTD [Active] CIN = U45208WB1966PLC024114

Company & Directors' Information:- G K M STEELS PRIVATE LIMITED [Active] CIN = U27105DL2012PTC246243

Company & Directors' Information:- R B STEELS PRIVATE LIMITED [Active] CIN = U27106AS1994PTC004200

Company & Directors' Information:- S. A. STEELS PVT LTD [Strike Off] CIN = U27106PB1985PTC006227

Company & Directors' Information:- J P IRON AND STEEL LTD [Active] CIN = U27106PB1994PLC014838

Company & Directors' Information:- A H STEELS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC073017

Company & Directors' Information:- J K L STEELS PVT LTD [Active] CIN = U27104DL1997PTC088424

Company & Directors' Information:- E D STEELS PVT LTD [Active] CIN = U27310MH1975PTC018180

Company & Directors' Information:- P AND B STEELS INDIA LIMITED [Active] CIN = U27106KL1995PLC008742

Company & Directors' Information:- P P IRON & STEEL PVT LTD [Active] CIN = U27109WB2005PTC106080

Company & Directors' Information:- G K IRON AND STEEL COMPANY LIMITED [Active] CIN = U13100KA2005PLC065824

Company & Directors' Information:- V K STEELS PVT LTD [Strike Off] CIN = U27310HP1987PTC007712

Company & Directors' Information:- VASANT CORPN PVT LTD [Strike Off] CIN = U51909WB1949PTC017762

Company & Directors' Information:- N E STEELS PRIVATE LIMITED [Strike Off] CIN = U27104WB2002PTC116973

Company & Directors' Information:- U R STEELS PRIVATE LIMITED [Strike Off] CIN = U27100TG2008PTC060899

Company & Directors' Information:- H S STEELS PRIVATE LIMITED [Active] CIN = U27109PB1995PTC016111

Company & Directors' Information:- G S STEELS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030339

Company & Directors' Information:- P M P STEELS PRIVATE LIMITED [Strike Off] CIN = U27109TZ1990PTC002882

Company & Directors' Information:- O P G IRON & STEEL PRIVATE LIMITED [Active] CIN = U27109WB2005PTC103315

Company & Directors' Information:- W S STEELS PRIVATE LIMITED [Strike Off] CIN = U27106PB1982PTC005084

Company & Directors' Information:- K M S STEELS PRIVATE LIMITED [Strike Off] CIN = U27310TZ1997PTC008161

Company & Directors' Information:- RAO STEELS LIMITED [Active] CIN = U35929DL2013PLC261885

Company & Directors' Information:- S T STEELS PVT LTD [Active] CIN = U27106PB1990PTC010915

Company & Directors' Information:- K L STEELS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC038783

Company & Directors' Information:- S S A P STEELS PRIVATE LIMITED [Active] CIN = U27106DL1999PTC101645

Company & Directors' Information:- M F STEELS PVT. LTD [Active] CIN = U74899DL1971PTC005517

Company & Directors' Information:- R G STEELS PVT LTD [Active] CIN = U27109WB1987PTC042824

Company & Directors' Information:- C N STEELS PVT LTD [Strike Off] CIN = U27100GJ1994PTC022570

Company & Directors' Information:- A. K. RUNGTA PRIVATE LIMITED [Active] CIN = U70109WB2018PTC227874

Company & Directors' Information:- A. G. IRON & STEEL PRIVATE LIMITED [Active] CIN = U27310WB2008PTC123843

Company & Directors' Information:- S. G. POWER AND STEEL PRIVATE LIMITED [Active] CIN = U14290DL2012PTC240718

Company & Directors' Information:- S B STEELS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017414

Company & Directors' Information:- V I A STEELS PRIVATE LIMITED [Strike Off] CIN = U27109UP1993PTC015933

Company & Directors' Information:- R. S. STEEL AND POWER PRIVATE LIMITED [Active] CIN = U70100CT2009PTC021362

Company & Directors' Information:- K K STEELS INDIA PVT LTD [Active] CIN = U27109PB1990PTC010714

Company & Directors' Information:- D R J STEELS PRIVATE LIMITED [Active] CIN = U27310PB2007PTC031003

Company & Directors' Information:- P T C BEARINGS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038412

Company & Directors' Information:- M B BEARINGS PVT LTD [Strike Off] CIN = U29130WB1989PTC047909

Company & Directors' Information:- S K RUNGTA PVT LTD [Strike Off] CIN = U51909WB1949PTC018221

Company & Directors' Information:- S R R STEELS PRIVATE LIMITED [Strike Off] CIN = U27105KL1998PTC012156

Company & Directors' Information:- M. G. STEELS LIMITED [Active] CIN = U74999DL1986PLC025140

Company & Directors' Information:- A B N STEELS PRIVATE LIMITED [Strike Off] CIN = U27106OR1996PTC004473

Company & Directors' Information:- A Y STEELS PRIVATE LIMITED [Active] CIN = U74120UP2014PTC066079

Company & Directors' Information:- I D STEELS PRIVATE LIMITED [Active] CIN = U74899DL2000PTC109048

Company & Directors' Information:- V R STEELS PRIVATE LIMITED [Strike Off] CIN = U74899DL1981PTC011447

Company & Directors' Information:- R D STEELS LIMITED [Active] CIN = U27106PB1999PLC022934

Company & Directors' Information:- P S G STEELS PRIVATE LIMITED [Active] CIN = U27109HR1984PTC018249

Company & Directors' Information:- N D STEELS LTD [Strike Off] CIN = U28111WB1989PLC047025

Company & Directors' Information:- K J STEELS PVT LTD [Strike Off] CIN = U27310GJ1981PTC004392

Company & Directors' Information:- G R IRON & STEEL PVT LTD [Active] CIN = U51909WB1991PTC053653

Company & Directors' Information:- V L STEELS PRIVATE LIMITED [Strike Off] CIN = U27107WB2004PTC100815

Company & Directors' Information:- R K STEELS PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC020523

Company & Directors' Information:- H P IRON PRIVATE LIMITED [Active] CIN = U27100DL2009PTC191318

Company & Directors' Information:- S F STEELS PVT LTD [Active] CIN = U51900WB2006PTC107234

Company & Directors' Information:- E R S STEELS PVT LTD [Strike Off] CIN = U27104KL1994PTC008341

Company & Directors' Information:- SHARADA IRON AND STEEL PRIVATE LIMITED [Active] CIN = U27209TG2020PTC142537

Company & Directors' Information:- K K K STEELS PRIVATE LIMITED [Strike Off] CIN = U27106PB1998PTC020961

Company & Directors' Information:- D A IRON AND STEEL COMPANY PVT LTD [Strike Off] CIN = U27103PB1994PTC014497

Company & Directors' Information:- K. N. STEELS PRIVATE LIMITED [Strike Off] CIN = U27107WB2007PTC117868

Company & Directors' Information:- R K BEARINGS PRIVATE LIMITED [Strike Off] CIN = U29130GJ1981PTC004438

Company & Directors' Information:- A AND A STEELS PVT LIMITED [Strike Off] CIN = U27104CH1993PTC012992

Company & Directors' Information:- P S IRON AND STEEL PRIVATE LIMITED [Active] CIN = U51909PB2000PTC023340

Company & Directors' Information:- M G INDIA STEELS PRIVATE LIMITED [Strike Off] CIN = U27104TN2005PTC056331

Company & Directors' Information:- N. J. STEELS PRIVATE LIMITED [Amalgamated] CIN = U27108DL1996PTC077190

Company & Directors' Information:- B M STEELS PRIVATE LIMITED [Active] CIN = U51102TN1976PTC007165

Company & Directors' Information:- R T STEELS PVT LTD [Active] CIN = U27109TG1982PTC003556

Company & Directors' Information:- S N S BEARINGS PRIVATE LIMITED [Active] CIN = U29130DL1996PTC084126

Company & Directors' Information:- G P Z BEARINGS PRIVATE LIMITED [Strike Off] CIN = U29130MH1968PTC014135

Company & Directors' Information:- N. P. BEARINGS (INDIA) PRIVATE LIMITED [Active] CIN = U52520MH2017PTC292860

Company & Directors' Information:- L. R. STEELS PRIVATE LIMITED [Strike Off] CIN = U27106UP2002PTC026946

Company & Directors' Information:- M. L. IRON PRIVATE LIMITED [Active] CIN = U27101DL2011PTC220421

Company & Directors' Information:- R. S. A. STEELS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51392DL2011PTC213878

Company & Directors' Information:- P K IRON PVT LTD [Strike Off] CIN = U34300WB1981PTC034415

Company & Directors' Information:- K S R STEELS PRIVATE LIMITED [Strike Off] CIN = U99999DL1992PTC049052

Company & Directors' Information:- S R STEELS PVT LTD [Strike Off] CIN = U27104PB1983PTC005586

Company & Directors' Information:- V G BEARINGS PRIVATE LIMITED [Strike Off] CIN = U29130MH1997PTC111403

Company & Directors' Information:- M B STEELS PRIVATE LIMITED [Strike Off] CIN = U99999MH1975PTC018595

Company & Directors' Information:- M R STEELS PVT LTD [Active] CIN = U27108MH1980PTC022743

Company & Directors' Information:- N I STEELS PRIVATE LIMITED [Strike Off] CIN = U27209UP1978PTC004654

Company & Directors' Information:- J M M D STEELS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035398

Company & Directors' Information:- VASANT PRIVATE LIMITED [Active] CIN = U22120MH1947PTC005555

Company & Directors' Information:- B C S STEELS PRIVATE LIMITED [Strike Off] CIN = U27100PB2005PTC027831

Company & Directors' Information:- K. A. STEELS PRIVATE LIMITED [Active] CIN = U27100PB2011PTC034822

Company & Directors' Information:- B K STEELS PRIVATE LIMITED [Strike Off] CIN = U27109PB1985PTC006128

Company & Directors' Information:- SHARADA POWER PRIVATE LIMITED [Strike Off] CIN = U40108PN2011PTC138414

Company & Directors' Information:- V M IRON PRIVATE LIMITED [Strike Off] CIN = U51909PN2012PTC142963

Company & Directors' Information:- K M D IRON & STEEL PRIVATE LIMITED [Strike Off] CIN = U52300UP2013PTC055973

Company & Directors' Information:- NARAYAN IRON & STEEL CO PVT LTD [Active] CIN = U27310WB1960PTC024538

Company & Directors' Information:- A P R STEELS PRIVATE LIMITED [Strike Off] CIN = U27109DL2000PTC104579

Company & Directors' Information:- H A S STEELS PRIVATE LIMITED [Active] CIN = U27109DL2004PTC125908

Company & Directors' Information:- D N S STEELS PRIVATE LIMITED [Active] CIN = U28991DL2013PTC259964

Company & Directors' Information:- V A IRON AND STEELS PRIVATE LIMITED [Strike Off] CIN = U51420DL2005PTC135850

Company & Directors' Information:- A Z STEELS PVT LTD [Strike Off] CIN = U72100NL1993PTC003884

Company & Directors' Information:- A N STEELS PVT LTD [Strike Off] CIN = U72100AS1993PTC003848

Company & Directors' Information:- VERSUS IRON AND STEEL PRIVATE LIMITED [Strike Off] CIN = U27109MH1997PTC109497

Company & Directors' Information:- VASANT AND COMPANY LIMITED [Dissolved] CIN = U99999MH1938PTC002790

    Criminal Appeal No. 36 of 2016

    Decided On, 28 August 2017

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. AUTHINATHAN

    For the Appellant: Rajendra Prasad Tayal, Advocate. For the Respondent: H. Mohamed Ghouse, Advocate.



Judgment Text

(Prayer: Criminal Appeal is filed under Section 378 of the Code of Criminal Procedure, to set aside the order of acquittal dated 16.11.2015 made in C.C.No.548 of 2013, on the file of the Fast Track Court-IV, Metropolitan Magistrate, George Town, Chennai – 600 001.) 1. The complainant is the appellant.

2. This Appeal is directed against the order of acquittal dated 16.11.2015 in C.C.No.548 of 2013, on the file of the Fast Track Court-IV, Metropolitan Magistrate, George Town, Chennai – 600 001.

3. The appellant/complainant is a Company engaged in the business of trading and selling of Iron and Steel. The respondent is the Proprietor of 'M/s.Sarada Steels and Bearings Co.' He used to purchase goods for his Concern from the complainant on credit basis. He agreed to pay interest at the rate of 24% for payment made after 10 days from the date of invoice.

4. After giving credit to payments made by the respondent for the goods supplied by the complainant under various invoices Rs.14,99,439/- remained due and payable by him. The respondent has paid Rs.3,00,000/- by means of Cheque bearing No.2163. Thereafter, on 08.08.2012, he paid Rs.7,00,000/- by means of Demand Draft. A total sum of Rs.4,99,439/- was due from the respondent.

5. The respondent issued the post-dated cheque [bearing No.001906 dated 29.11.2012 for Rs.4,99,439/-] in question for the discharge of the said liability. After issuing the cheque, he sent a notice alleging that the complainant along with certain persons visited his shop and forcibly obtained the post-dated cheque. A reply was sent denying all the averments of his notice. Thereafter, the cheque was presented for collection on 29.11.2012. It was returned with an endorsement 'payment stopped by the drawer'. Hence, the complainant issued legal notice dated 04.12.2012 calling upon the respondent to pay the cheque amount. As the respondent failed to make payment, he has filed the complaint. The complainant examined himself as P.W.1 and examined his Banker [P.W.2] and marked 17 documents [Ex.P.1 to Ex.P.17].

6. The case of the respondent is that he has sold his property to the complainant in the name of 'Mrs.Geetha Rungta' [D.W.2] wife of Vikas Rungta [D.W.1], one of the Directors of the Company and the sale price was fixed at Rs.21,60,000/-. However, the Sale Deed was executed for Rs.12,04,000/-. The complainant agreed to adjust the balance amount due under invoice No.1400/11-12 dated 24.11.2011 and pay the balance of the sale consideration of Rs.4,56,561/- to the respondent. However, on 29.10.2012, the complainant along with certain persons visited the respondent's shop and obtained a post-dated cheque for Rs.4,99,439 under threat. The respondent examined himself as D.W.3 and examined D.W.2 and D.W.3 and marked 4 documents [Ex.D.1 to Ex.D.4].

7. The Trial Court has held that the respondent has rebutted the presumptions drawn in terms of Section 138 of the Negotiable Instruments Act and that, thereafter the appellant failed to prove that the cheque was issued for the discharge of legally enforceable debt. The respondent was found not guilty. Aggrieved by the order of acquittal, the appellant filed the present appeal after obtaining leave.

8. The learned counsel appearing for the appellant would submit that the respondent admitted his liability of Rs.4,99,439/- and that, therefore the Trial Court ought to have convicted him. In support of his contentions, the learned counsel relied on the judgments in 'GOA PLAST (P) LTD. vs. CHICO URSULA D'SOUZA [(2004) 2 SCC 235], SHUBH SHANTI SERVICES LTD. vs. MANJULA S. AGARWALLA [AIR 2005 SC 2506], HITEN P. DALAL vs. BRATINDRANATH BANERJEE [AIR 2001 SC 3897], VIJAYAN vs. SADANANDAN, K. [2009 (3) CTC 786], K.N.BEENA vs. MUNIYAPPAN [2001 (4) CTC 382], RAMES vs. K.SUNDAR [2015 (2) MWN (Cr.) DCC 7 (Mad.)'.

9. The learned counsel appearing for the respondent would submit that the respondent has raised probable defence and rebutted the presumptions drawn against him under Sections 118 and 139 of the Negotiable Instruments Act. In support of his contentions, the learned counsel relied on the judgments in 'LAXMI DEYCHEM vs. STATE OF GUJARAT [(2012) 13 SCC 375], RANGAPPA vs. SRI MOHAN [(2010) 11 SCC 441], KUMAR EXPORTS vs. SHARMA CARPETS [(2009) 2 SCC 513], KRISHNA JANARDHAN BHAT vs. DATTATRAYA G.HEGDE [(2008) 4 SCC 54], M.S.NARAYANA MENON vs. STATE OF KERALA [(2006) 6 SCC 39]'.

10. It is an admitted fact that the cheque in question belongs to the respondent and it bears his signature. However, the respondent would contend that the cheque was obtained from him under threat. It is not in dispute that the respondent purchased goods on credit basis from the complainant and he was liable to pay Rs.14,99,439/-. It is also not in dispute that he has paid Rs.10,00,000/- by means of cheque and demand draft. The balance amount payable under the said transaction is Rs.4,99,439/-, the amount covered by the cheque. In these circumstances, it can be presumed in terms of Section 118 and 139 of the Negotiable Instruments Act that the cheque had been issued for the discharge of the said liability. It is a rebuttable presumption and the respondent can rebut the presumptions by preponderance of probabilities. This presumption may be rebutted by the accused by adducing evidence to support his plea. It may also be rebutted by admissions made or circumstances elicited from the evidence led by the complainant vide [RANGAPPA vs. SRI MOHAN [(2010) 11 SCC 441].

11. It is to be seen whether the initial burden has been discharged by the respondent. The respondent has executed a sale deed in favour of Geeta Rungta [D.W.2], wife of Vikas Rungta [D.W.1] [one of the directors of the complainant] on 30.07.2012. The value of the property [Ex.D.1] as per the valuation report is Rs.21,60,000/-. The case of the respondent is that the complainant purchased the property in the name of D.W.2 and the sale price was fixed at Rs.21,60,000/-, however the sale deed was executed as per the guideline value for Rs.12,04,000/- and that, the Directors of the Company agreed to adjust the balance amount due under the invoice and pay the reminder to him. According to him, a sum of Rs.4,56,561/- . [Rs.21,60,000 value – paid under sale deed Rs.12,04,000/- = Rs.9,56,000/- less Rs.4,99,439/-].

12. The learned counsel appearing for the appellant relied on the judgment of the Hon'ble Supreme Court in SHUBH SHANTI SERVICES LTD. vs. MANJULA S. AGARWALLA [AIR 2005 SC 2506] would submit that in the absence of any authorisation/resolution the Directors of the Company could not have agreed to make adjustment as alleged by the respondent. The Sale Deed has been executed in favour of an individual [D.W.2]. In the absence of any resolution or authorisation it cannot be held that the complainant has purchased the property under Ex.D.2. It is significant to note that the Sale Deed was executed on 30.07.2012. The respondent [D.W.3] in his evidence would admit that he has paid Rs.7,00,000/- by means of Demand Draft. This Demand Draft was received on 08.08.2012, as could be seen from Ex.P.3 accounts. If there was an agreement to adjust the amount as alleged by the respondent, he would not have paid Rs.7,00,000/- by means of Demand Draft on 08.08.2012. In the Sale Deed, he has acknowledged the receipt of the entire sale consideration. In these circumstances, it cannot be said that the respondent has raised a probable defence.

13. The respondent would contend that the cheque was obtained under threat. According to him, he has lodged a complaint [Ex.D.3]. A copy of the complaint was sent by him to the Commissioner of Police, Egmore only on 19.11.2012 and it was received on 21.11.2012 [Ex.D.4]. There is no explanation for the delay in lodging the complaint. He has sent the notice Ex.P.6 calling upon the complainant to return the cheque only on 17.11.2012. Therefore, it cannot be held that the cheque was obtained under threat.

14. In view of the circumstances noticed above, it cannot be held that the respondent has discharged his initial burden of proof. The Trial Court has held that the respondent has rebutted the presumptio

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ns drawn under Sections 118 and 139 of the Negotiable Instruments Act. The Trial Court does not appear to have analysis the case in its proper perspective. The view taken by the Trial Court is impermissible on the evidence of record. Therefore, the judgment of the Trial Court cannot be supported and it warrants interference. The respondent is found guilty of the offence under Section 138 of the Negotiable Instruments Act. 15. In the result, this Criminal Appeal is allowed and the order of acquittal dated 16.11.2015 in C.C.No.548 of 2013, on the file of the learned Fast Tract Court-IV, Metropolitan Magistrate, George Town, Chennai – 600 001 is set aside. The respondent is found guilty and convicted under Section 138 of the Negotiable Instruments Act. 16. Registry is directed to post the matter before this Court for hearing the respondent on the question of sentence on 20.09.2017.
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