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



M/s. Sun Electronics, Represented by its Proprietrix S. Santosh, Chennai v/s Sadasivam Prop. of M/s. Township Cable Network, Vellore


Company & Directors' Information:- ELECTRONICS CORPORATION OF INDIA LIMITED [Active] CIN = U32100TG1967GOI001149

Company & Directors' Information:- L G ELECTRONICS INDIA PRIVATE LIMITED [Active] CIN = U32107DL1997PTC220109

Company & Directors' Information:- CABLE CORPORATION OF INDIA LIMITED [Active] CIN = U31300MH1957PLC010964

Company & Directors' Information:- NETWORK LIMITED [Active] CIN = L32209DL1989PLC034797

Company & Directors' Information:- T V S ELECTRONICS LIMITED [Dissolved] CIN = U30006TN1986PLC013301

Company & Directors' Information:- U K B ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2004PTC126250

Company & Directors' Information:- M G ELECTRONICS LIMITED [Active] CIN = U74899DL1969PLC005030

Company & Directors' Information:- C N C NETWORK PRIVATE LIMITED [Active] CIN = U92113DL1998PTC094378

Company & Directors' Information:- J V ELECTRONICS PVT. LTD. [Active] CIN = U74899DL1973PTC006446

Company & Directors' Information:- S A NETWORK PRIVATE LIMITED [Active] CIN = U51420MH2001PTC133207

Company & Directors' Information:- V V NETWORK PRIVATE LIMITED [Under Process of Striking Off] CIN = U64200TN2011PTC082529

Company & Directors' Information:- L B ELECTRONICS LIMITED [Active] CIN = U32109DL2005PLC134598

Company & Directors' Information:- R R ELECTRONICS PRIVATE LIMITED [Active] CIN = U31908MH2007PTC171298

Company & Directors' Information:- B AND B ELECTRONICS LIMITED [Active] CIN = U74899DL1984PLC019600

Company & Directors' Information:- B R C ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2005PTC140580

Company & Directors' Information:- A G T ELECTRONICS LIMITED [Active] CIN = U31200TZ1989PLC002336

Company & Directors' Information:- O S ELECTRONICS INDIA PRIVATE LIMITED [Active] CIN = U74900DL2015FTC283969

Company & Directors' Information:- SUN ELECTRONICS PVT LTD [Active] CIN = U29308GJ1993PTC020538

Company & Directors' Information:- J. C. ELECTRONICS PRIVATE LIMITED [Active] CIN = U51909GJ2010PTC061768

Company & Directors' Information:- R A ELECTRONICS PRIVATE LIMITED [Active] CIN = U29308GJ1991PTC016804

Company & Directors' Information:- SANTOSH ELECTRONICS LIMITED [Converted to LLP] CIN = U32301WB1984PLC038329

Company & Directors' Information:- G S C ELECTRONICS PRIVATE LTD. [Active] CIN = U74899DL1987PTC029325

Company & Directors' Information:- J N J ELECTRONICS LIMITED [Active] CIN = U32101DL2005PLC142345

Company & Directors' Information:- S N ELECTRONICS PRIVATE LIMITED [Active] CIN = U32101AS1999PTC005696

Company & Directors' Information:- A D ELECTRONICS PRIVATE LIMITED [Amalgamated] CIN = U31200MH1996PTC104103

Company & Directors' Information:- R AND S (INDIA) ELECTRONICS PRIVATE LIMITED [Active] CIN = U29299MH2000PTC128688

Company & Directors' Information:- ELECTRONICS LTD [Under Liquidation] CIN = U32201DL1945PLC000866

Company & Directors' Information:- N V R TOWNSHIP PRIVATE LIMITED [Active] CIN = U45200TG2005PTC048226

Company & Directors' Information:- H R ELECTRONICS PRIVATE LIMITED [Active] CIN = U51395DL2000PTC107829

Company & Directors' Information:- C M R ELECTRONICS PRIVATE LIMITED [Amalgamated] CIN = U72211WB1979PTC032091

Company & Directors' Information:- SUN PVT LTD [Active] CIN = U24246RJ1984PTC003093

Company & Directors' Information:- G SUN INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC071425

Company & Directors' Information:- P R ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31900KA1991PTC011572

Company & Directors' Information:- U. P. CABLE COMPANY PRIVATE LIMITED [Strike Off] CIN = U31300DL1974PTC007318

Company & Directors' Information:- K V N ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074002

Company & Directors' Information:- M. R. ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2008PTC185335

Company & Directors' Information:- L K ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2006PTC144509

Company & Directors' Information:- M G TOWNSHIP PRIVATE LIMITED [Strike Off] CIN = U70109PB2011PTC035254

Company & Directors' Information:- K V ELECTRONICS PVT LTD [Strike Off] CIN = U32107TG1986PTC006103

Company & Directors' Information:- A AND N ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2006PTC144588

Company & Directors' Information:- S N A ELECTRONICS PRIVATE LIMITED [Active] CIN = U32204DL2009PTC188412

Company & Directors' Information:- B J ELECTRONICS PRIVATE LIMITED [Active] CIN = U03210TZ1993PTC004634

Company & Directors' Information:- N U ELECTRONICS PVT LTD [Strike Off] CIN = U99999MH1981PTC025048

Company & Directors' Information:- H B ELECTRONICS PRIVATE LIMITED [Active] CIN = U32201GJ1988PTC010345

Company & Directors' Information:- S M I C ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC193590

Company & Directors' Information:- M M ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC030129

Company & Directors' Information:- D M ELECTRONICS PRIVATE LIMITED [Active] CIN = U31909DL1997PTC087620

Company & Directors' Information:- M. A. ELECTRONICS PRIVATE LIMITED [Active] CIN = U40101WB2007PTC121034

Company & Directors' Information:- D S ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2004PTC126986

Company & Directors' Information:- S S G ELECTRONICS PRIVATE LIMITED [Active] CIN = U31909DL1998PTC092657

Company & Directors' Information:- R S M ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U33111TN1987PTC014843

Company & Directors' Information:- C. G. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U52334UP1992PTC014453

Company & Directors' Information:- S G ELECTRONICS PVT LTD [Strike Off] CIN = U31909WB1992PTC055977

Company & Directors' Information:- C S R ELECTRONICS PRIVATE LIMITED [Active] CIN = U32101DL1983PTC017212

Company & Directors' Information:- C. ELECTRONICS PVT. LTD. [Under Liquidation] CIN = U51433WB1991PTC052848

Company & Directors' Information:- V B ELECTRONICS PVT LTD [Active] CIN = U29308GJ1982PTC005087

Company & Directors' Information:- R G M ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL1998PTC096022

Company & Directors' Information:- N E B ELECTRONICS PRIVATE LIMITED [Under Liquidation] CIN = U32300MH2004PTC145675

Company & Directors' Information:- H D ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U29308WB2008PTC121476

Company & Directors' Information:- A G ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109WB2007PTC116846

Company & Directors' Information:- V M K ELECTRONICS PRIVATE LIMITED. [Active] CIN = U31908DL2007PTC162969

Company & Directors' Information:- A. M. CABLE PRIVATE LIMITED [Active] CIN = U31908DL2010PTC201788

Company & Directors' Information:- X-ON ELECTRONICS PRIVATE LIMITED [Active] CIN = U51909DL2021FTC381689

Company & Directors' Information:- R T S ELECTRONICS PVT LTD [Strike Off] CIN = U32109PB1986PTC006755

Company & Directors' Information:- B. T. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U29309TG1998PTC030240

Company & Directors' Information:- M C NETWORK PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC094287

Company & Directors' Information:- ELECTRONICS (INDIA) PVT LTD [Active] CIN = U29306WB1991PTC053380

Company & Directors' Information:- S N J ELECTRONICS PRIVATE LIMITED [Active] CIN = U32305DL2004PTC131140

Company & Directors' Information:- C K ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U30007CH1999PTC023193

Company & Directors' Information:- A K G ELECTRONICS PRIVATE LTD [Strike Off] CIN = U31909DL1984PTC017616

Company & Directors' Information:- SUN INDIA TOWNSHIP LIMITED [Strike Off] CIN = U70102DL2011PLC212341

Company & Directors' Information:- S. S. V. CABLE PRIVATE LIMITED [Active] CIN = U64204MH1999PTC119288

Company & Directors' Information:- S L ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019260

Company & Directors' Information:- H B S A ELECTRONICS PRIVATE LIMITED [Active] CIN = U29309PB1995PTC017227

Company & Directors' Information:- S V G NETWORK PRIVATE LIMITED [Active] CIN = U32203DL1998PTC093917

Company & Directors' Information:- A A ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031562

Company & Directors' Information:- R K G ELECTRONICS PRIVATE LIMITED [Active] CIN = U29191DL1996PTC075531

Company & Directors' Information:- H K ELECTRONICS PRIVATE LIMITED [Converted to LLP] CIN = U32200MH1992PTC067704

Company & Directors' Information:- S M C ELECTRONICS PRIVATE LIMITED [Active] CIN = U29248UR2015PTC001680

Company & Directors' Information:- S B T (INDIA) NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034445

Company & Directors' Information:- D V G ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U40300UP2015PTC072080

Company & Directors' Information:- E K ELECTRONICS PRIVATE LIMITED [Active] CIN = U31900PN2010PTC135750

Company & Directors' Information:- A B ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC103497

Company & Directors' Information:- L P ELECTRONICS PVT LTD [Strike Off] CIN = U72200WB1980PTC033179

Company & Directors' Information:- K M S ELECTRONICS PVT LTD [Strike Off] CIN = U52335WB1994PTC065698

Company & Directors' Information:- R M ELECTRONICS PVT LTD [Strike Off] CIN = U32109WB1988PTC045429

Company & Directors' Information:- R V ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31909PN2003PTC017582

Company & Directors' Information:- P C S L ELECTRONICS PVT LTD [Active] CIN = U51505WB1996PTC077466

Company & Directors' Information:- A H S ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037364

Company & Directors' Information:- D V C ELECTRONICS INDIA PRIVATE LIMITED [Strike Off] CIN = U32201DL1996PTC077906

Company & Directors' Information:- K J ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U29299MH1996PTC099288

Company & Directors' Information:- NETWORK ELECTRONICS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909MH2001PTC134260

Company & Directors' Information:- N R NETWORK (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC112418

Company & Directors' Information:- K R A ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL2005PTC140367

Company & Directors' Information:- A C R ELECTRONICS PRIVATE LIMITED [Active] CIN = U29100KA2013PTC071197

Company & Directors' Information:- N N ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058398

Company & Directors' Information:- U V ELECTRONICS PVT LTD [Strike Off] CIN = U29308MP1985PTC002738

Company & Directors' Information:- INDIA ELECTRONICS LIMITED [Under Liquidation] CIN = U99999RJ1981PLC002349

Company & Directors' Information:- C R ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32103MH1979PTC021696

Company & Directors' Information:- A. C. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32100TG1997PTC027030

Company & Directors' Information:- B R B ELECTRONICS PVT LTD [Strike Off] CIN = U31100TG1994PTC018195

Company & Directors' Information:- A K ELECTRONICS PVT LTD [Strike Off] CIN = U00379BR1986PTC002265

Company & Directors' Information:- L AND S ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1980PTC011153

Company & Directors' Information:- A S ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1990PTC042519

Company & Directors' Information:- F M S ELECTRONICS PRIVATE LIMITED. [Strike Off] CIN = U32109CH1988PTC008596

Company & Directors' Information:- A M K ELECTRONICS PVT LTD [Active] CIN = U32301CH1980PTC004291

Company & Directors' Information:- S S NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200DL1999PTC102107

Company & Directors' Information:- S M B NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200TZ2011PTC017481

Company & Directors' Information:- B L R S (ELECTRONICS) PRIVATE LIMITED [Strike Off] CIN = U33111TN1976PTC007083

Company & Directors' Information:- K G ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027723

Company & Directors' Information:- U S ELECTRONICS PVT LTD [Amalgamated] CIN = U32109MH1981PTC024519

Company & Directors' Information:- U A ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1997PTC090003

Company & Directors' Information:- G P ELECTRONICS PVT LTD [Strike Off] CIN = U31103WB1983PTC035762

Company & Directors' Information:- G R ELECTRONICS PVT LTD [Strike Off] CIN = U32101PB1985PTC006219

Company & Directors' Information:- J L ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31900KA1995PTC018631

Company & Directors' Information:- S. M. G. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32107DL1986PTC023467

Company & Directors' Information:- I D S ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL1995PTC074417

Company & Directors' Information:- P C ELECTRONICS PVT LTD [Strike Off] CIN = U32301CH1994PTC015359

Company & Directors' Information:- S V ELECTRONICS LIMITED [Strike Off] CIN = U29309TG1999PLC031988

Company & Directors' Information:- H P ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U29100PN2011PTC138672

Company & Directors' Information:- S S TOWNSHIP PVT LTD [Strike Off] CIN = U45202PB2006PTC030084

Company & Directors' Information:- G G S CABLE NETWORK PRIVATE LIMITED [Strike Off] CIN = U92100PB2011PTC035388

Company & Directors' Information:- V J NETWORK PRIVATE LIMITED [Active] CIN = U52392TN2008PTC066742

Company & Directors' Information:- P T ELECTRONICS PRIVATE LIMITED [Active] CIN = U31909MH1999PTC119296

Company & Directors' Information:- J K TOWNSHIP PRIVATE LIMITED [Strike Off] CIN = U45200MH2005PTC157173

Company & Directors' Information:- S I ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74900PN2010PTC136038

Company & Directors' Information:- I. V. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U51909MH2011PTC214508

Company & Directors' Information:- M. H. CABLE NETWORK PRIVATE LIMITED [Strike Off] CIN = U74999MH2016PTC288041

Company & Directors' Information:- C H K NETWORK PRIVATE LIMITED [Strike Off] CIN = U74120UR2011PTC033438

Company & Directors' Information:- C K CABLE NETWORK PRIVATE LIMITED [Active] CIN = U64203TG2013PTC087887

Company & Directors' Information:- R S G M NETWORK PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198901

Company & Directors' Information:- R N D ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74900JK2011PTC003270

Company & Directors' Information:- P B ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109HP1997PTC019625

Company & Directors' Information:- A T NETWORK PRIVATE LIMITED [Strike Off] CIN = U51909CH2001PTC024541

Company & Directors' Information:- L K TOWNSHIP PRIVATE LIMITED [Strike Off] CIN = U45202CH2006PTC030072

Company & Directors' Information:- K S K ELECTRONICS PRIVATE LIMITED [Active] CIN = U31101DL2006PTC148357

Company & Directors' Information:- H K CABLE PRIVATE LIMITED [Active] CIN = U31300DL2004PTC129857

Company & Directors' Information:- Y P ELECTRONICS PRIVATE LIMITED [Active] CIN = U31401DL2009PTC189107

Company & Directors' Information:- D P R NETWORK PRIVATE LIMITED [Strike Off] CIN = U72900DL2004PTC126258

Company & Directors' Information:- A R ELECTRONICS PRIVATE LTD. [Active] CIN = U74899DL1985PTC022843

Company & Directors' Information:- U P S ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027323

Company & Directors' Information:- INDIA X-ON ELECTRONICS PRIVATE LIMITED [Active] CIN = U51909DL2017PTC311261

Company & Directors' Information:- A B J ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74999DL2011PTC226921

Company & Directors' Information:- T H ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL1996PTC075539

Company & Directors' Information:- U AND U ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL2001PTC112361

Company & Directors' Information:- A AND W ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL2005PTC139906

Company & Directors' Information:- V N ELECTRONICS PRIVATE LIMITED [Active] CIN = U32200DL2009PTC188507

Company & Directors' Information:- J & H ELECTRONICS PRIVATE LIMITED [Active] CIN = U32204DL2015PTC276268

Company & Directors' Information:- B N ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32210DL2000PTC107871

Company & Directors' Information:- S AND V NETWORK PRIVATE LIMITED [Strike Off] CIN = U32201MP2007PTC019567

Company & Directors' Information:- 1 TO 1 TOWNSHIP PRIVATE LIMITED [Strike Off] CIN = U70102HR2014PTC051931

Company & Directors' Information:- ON ELECTRONICS PRIVATE LIMITED [Active] CIN = U74990KA2009FTC083028

Company & Directors' Information:- N G P NETWORK PRIVATE LIMITED [Active] CIN = U74999MH2020PTC346257

Company & Directors' Information:- S V S ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32300DL1993PTC053405

Company & Directors' Information:- B K CABLE PRIVATE LIMITED [Active] CIN = U64203KL2021PTC067817

Company & Directors' Information:- V R ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31101KA1975PTC002784

Company & Directors' Information:- H V M ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31200UP1988PTC010212

Company & Directors' Information:- T K NETWORK PRIVATE LIMITED [Active] CIN = U93090JH2021PTC016589

Company & Directors' Information:- SUN NETWORK PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC067158

Company & Directors' Information:- P AND A ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL1990PTC040859

Company & Directors' Information:- H R NETWORK PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909DL2002PTC114862

Company & Directors' Information:- H V K NETWORK PRIVATE LIMITED [Strike Off] CIN = U74140DL1996PTC079365

Company & Directors' Information:- L P ELECTRONICS PRIVATE LIMITED [Active] CIN = U99999MH1974PTC017722

Company & Directors' Information:- S R ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U99999DL1988PTC034382

Company & Directors' Information:- SUN INDIA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U65991TN1943PTC000994

Company & Directors' Information:- B D S ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U00369KA1975PTC002735

Company & Directors' Information:- A. M. ELECTRONICS PVT. LTD. [Strike Off] CIN = U36997WB1981PTC033742

    Criminal Appeal Nos. 409 of 2008 & 15 of 2009

    Decided On, 14 March 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR

    For the Appellant: Vikram U. Jain, M/s. Vikram Jain Associates, Advocates. For the Respondent: S. Umapathy, Advocate.



Judgment Text

(Crl.A.No.409 of 2008 filed u/s.378 of the Code of Criminal Procedure against the judgment of learned VII Metropolitan Magistrate, George Town, Chennai, passed in C.C.No.5347 of 2006 on 05.03.2008.

Crl.A.No.15 of 2009 filed u/s.378 of the Code of Criminal Procedure against the judgment of learned III Additional Judge, City Civil Court, Chennai, passed in C.A.No.139 of 2008 on 24.10.2008.)

1. Crl.A.No.409 of 2008 arises against the judgment of learned VII Metropolitan Magistrate, George Town, Chennai, passed in C.C.No.5347 of 2006 on 05.03.2008. Crl.A.No.15 of 2009 arises against the judgment of learned III Additional Sessions Judge, City Civil Court, Chennai, passed in C.A.No.139 of 2008 on 24.10.2008.

2. Appellant/complainant and respondent/accused had business transaction and respondent/accused purchased goods worth Rs. 2,76,720.30 under 24 invoices on credit basis and towards part payment of the liability accused issued the following cheques : (1) Cheque No.363553 dated 30.06.2005 - Rs. 17,375/- drawn on Tamil Nadu Mercantile Bank, Vellore; (ii) Cheque No.2289747 dated 08.02.2006 - Rs. 91,194/- drawn on Dena Bank, Vellore; (iii) Cheque No.114342 dated 08.02.2006 - Rs. 1,00,000/- and (iv) Cheque No.114344 dated 08.02.2006 - Rs. 50,000/- drawn on Centurion Bank, Gandhi Nagar, which upon presentation were returned unpaid for the reason "insufficient funds and Account closed". Appellant/complainant caused statutory notice and following the procedure envisaged under section 138 of the Negotiable Instruments Act, complaints in C.C.Nos.5347 and 5348 of 2006 on the file of learned VII Metropolitan Magistrate, George Town, Chennai, had been filed.

3. Before trial Court,

(i) C.C.No.5347 of 2006 - 1 witness was examined and 10 exhibits were marked. None were examined on the side of defence nor were any exhibits marked. On appreciation of materials before it, trial Court, under judgment dated 05.03.2008, acquitted the respondent. There against, appellant/complainant preferred Crl.A.No.409 2008.

(ii) C.C.No.5348 of 2006 - 1 witness was examined and 8 exhibits were marked. On the side of defence, none were examined and 2 exhibits were marked. On appreciation of materials before it, trial Court, under judgment dated 05.03.2008, convicted respondent/accused for offence under section 138 r/w 142 of the Negotiable Instruments Act and sentenced him to 6 months S.I. and directed him to pay the cheque amounts as compensation to appellant/complainant. Against such finding, respondent preferred C.A.No.139 of 2008 on the file of learned III Additional Sessions Judge, City Civil Court, Chennai, which came to be allowed under judgment dated 24.10.2009 and respondent was acquitted of all charges. There against, appellant/complainant filed C.A.No.15 of 2009.

4. Heard learned counsel for appellant and learned counsel for respondent. Perused the materials on record.

5. Learned counsel for appellant submitted that the respondent himself has admitted in the reply notice that there were business transactions (supply of electronic goods) between both parties and that he had issued several cheques to appellant/complainant in connection therewith. It was the usual practice that the cheques would be presented for payment only upon installation of the goods. The trial Court rightly has negated the contentions of respondent that the cheques have been issued only towards security and not towards payment of liability, that the cheques have been filled up by some other person other than the drawer and that no evidence has been adduced to establish that appellant/complainant had sent goods and arrived at a finding that the cheques indeed were issued towards payment of liability and accordingly, convicted respondent as also directed him to pay the cheque amounts (in C.C.No.5348 of 2006) as compensation to the appellant/complainant. However, the appellate Court, on non-appreciation of facts and evidence on record, acquitted the respondent. In support of his contention, learned counsel relied on the following judgments:

(i) I.C.D.S. Ltd. vs. Beena Shabeer & another, (2002) 6 SCC 426.

(ii) General Auto Sales vs. Vijayalakshmi, 2005 Crl.L.J.1454.

(iii) Umaswamy vs. K.N.Ramanath, 2006 Crl.L.J. 3760.

(iv) A.V.Murthy vs. B.S.Nagabasavanna, (2002) 1 Crimes 306 SC.

(v) Ravi Chopra vs. State and another, (2008) 102 DRJ 147.

(vi) S.Gopal vs. D.Balachandran, (2008) 1 CTC 491.

(vii) P,S,A, Thamotharan vs. Dalmia Cements (B) Ltd., (2004) 5 CTC 84.

6. This Court has considered the rival submissions.

7. There were business transactions between the appellant and the respondent and the appellant used to supply goods to respondent/complainant from 2003 onwards. The cheques in question were of the years 2005 and 2006. It is admitted by appellant that the amount which were due by way of invoices were to be paid within a period of 20 to 30 days and in this case, the cheques were of much later period and no explanation has been offered. PW-1 has admitted that he was not aware and conversant with the business transaction between appellant and respondent and admitted that the drawee name and amount has been filed up later. The specific case of the respondent was that the cheques were given in the course of transaction towards security and it had been misused by not taking into account the payments made by the respondent.

8. Further, it was stated that appellant has not produced the Statement of Accounts to establish its case. It was admitted that the appellant used to supply goods to Pooja Electricals, Vellore and through them, supplies were made to the respondent. It was also admitted by appellant that there were dispute between Pooja Electricals and respondent. A case was registered by Pooja Electricals and negotiations were held at the police station at Vellore.

9. It was further admitted th

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at writings in the cheques differ from the signatures found thereon. Hence, the initial presumption has been dislodged by the respondent. On the other hand, no evidence has been let in by the appellant to prove these facts. Appellant was not sure about the transaction particulars and were also not certain about when the cheques were received for supplies of the year 2003. The trial Court as well as the lower appellate Court, on proper appreciation of evidence and materials, had rendered a finding of acquittal which cannot be now disturbed and interfered unless gross illegality or perversity has been found. Accordingly, the Criminal Appeals are dismissed.
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