RENGAMMAL AND CO Vs. K VELUCHAMY

JUDGEMENT

(1.) THIS criminal Appeal has been directed against the judgment of acquittal by the learned VII Metropolitan Magistrate, George Town, Chennai-1, dated 29.10.1999 in CC No.4699 of 1999.

(2.) THE short facts which are relevant for the purpose of this appeal may be stated thus: THE respondent/accused approached the appellant /complainant for supply of cotton kappas on credit basis which were supplied to him during the period 7.2.1997 to 6.6.1997. THE amount payable in that respect is Rs.9,22,67,740, which is inclusive of interest at the rate of 18% per annum. THE respondent issued a cheque for Rs.6,63,324 in part payment of the goods supplied, which when presented by the appellant in the bank on 7.4.1999, was returned dishonoured with endorsement "insufficient funds". After issuing the statutory notice the appellant filed a complaint before the VII Metropolitan Magistrate which was numbered as CC No.4699 of 1999. On trial, the VII Metropolitan Magistrate has acquitted the respondent / accused holding no evidence under section 138 Negotiable instruments Act has been made out.

(3.) PER contra, the learned counsel for the appellant relied on the decision reported in Anil Kumar Sawhney v. Gulshan Rai, 1994 Com. Cases, 150 wherein the Supreme Court has pointed the difference between a cheque and a bill of exchange and also the effect of post dated cheques. At page 155 of the decision, the Supreme Court has observed thus: