SABEESH KUMAR Vs. APCO ASSOCIATES

JUDGEMENT

(1.) Under challenge in this revision petition is the conviction and sentence rendered against the revision petitioner under Sec. 138 of the Negotiable Instruments Act.

(2.) The revision petitioner is the second accused in C.C.No.1862 of 2015 on the files of the Special Judicial First Class Magistrate (N.I. Act Cases), Kozhikode.

(3.) The complainant's case is that the complainant, M/s. APCO Associates is a registered partnership firm, having a sister concern namely M/s.North-West Marketing, Kozhikode. The complainant firm is carrying business of consumer goods, home appliances, electrical and electronic items. It is represented by its General Manager based on a power of attorney executed by the partners. The General Manger has direct knowledge regarding the entire business of the firm and also regarding the dealings with the accused firm. The accused firm is a dealer of home appliances, electrical goods, consumer goods etc. and they used to purchase articles from the complainant firm on credit basis. The accused owed an amount of Rs.3,72,356.50 towards the credit purchase made by it from M/s.APCO Associates and an amount of Rs.1,55,541.00 to M/s.North-West Marketing. After repeated demands, the 2nd accused came to the office of the complainant at Kozhikode during the first week of June, 2013 and executed and issued Ext.P10 post dated cheque 10/6/2013. At that time, he also promised to clear the balance amount soon. The cheque was signed and executed in the presence of the complainant's power of attorney holder Mr.Rajendran, the General Manager of the firm and other staff members including, the Chief Accountant. When the cheque was presented for collection, it got dishonoured for the reason that account is closed. The statutory notice issued to the accused, was answered by a reply notice taking false and untenable contentions. The cheque amount still remains unpaid. Hence, the complainant approached the trial court by filing the afore complaint.