HENBE EXPORTS Vs. EVERGREEN SEA FOODS PVT LTD

JUDGEMENT

(1.) The revision petitioners herein/appellants/accused have preferred the present revision in Crl. R.C. No. 1140 of 2007 against the judgment passed in C.A. No. 276 of 2005, on the file of the 111 Additional District and Sessions Judge, Chennai, confirming the judgment of the XV Metropolitan Magistrate, George Town, Chennai in C.C. No. 9086 of 1999. The respondent/complainant's case is as follows:

(2.) On being questioned, the accused pleaded not guilty and hence trial was conducted. On the complainant's side, the power of attorney holder of the complainant's firm, viz., Bhoopathi was examined as P.W. 1 and 19 documents were marked as Exhibits P-1 to P-19, viz., Exhibit P-1-power of attorney given to P.W. 1, Exhibits P-2, P-3 and P4-invoices, Exhibit P-5-cheque, Exhibit P-6-return memo. Exhibit P-7-debit advice, Exhibit P-8-copy of lawyer's notice, Exhibits P-9, P-10 and P-11-returned covers, Exhibit P-12-extract of ledger showing supply of fish to Infa Agro and Marine Exports (P) Ltd., Exhibit P-13-cheque for Rs. 1,00,000/- issued to complainant, Exhibit P-14-return memo, Exhibit P-15-copy of bank account statement of complainant's firm, Exhibit P-16-copy of letter sent by complainant firm, Exhibit P-17-cheque for Rs. 1,00,000/- issued by second accused to the complainant firm, Exhibit P-18-return memo. Exhibit P-19-copy of notice. On the side of the accused, the copy of the statement of account of the complainant's firm dated 1997-1998 was marked as Exhibit R-1.

(3.) P.W. 1 had adduced evidence which is corroborative of the statements made in the complaint and in support of his evidence, he had marked the documents listed as Exhibits P-1 to P-19.