K G MILLS REP BY M SUBRAMANIAM TRICHY ROAD ONDIPUDUR COIMBATORE Vs. SANGEETHA EXPORTS REP BY ITS PARTNER R KULANDAIVELU

JUDGEMENT

(1.) THE revision petitioner herein / complainant has preferred the criminal revision in Crl.R.C.No.1109 of 2006, against the judgment made in Crl.A.No.362 of 2004, on the file of Additional District and Sessions Judge, Fast Track Court-III, Coimbatore, modifying the judgment of sentence and fine passed in C.C.No.380 of 2000, on the file of Judicial Magistrate Court-V, Coimbatore and has prayed for enhancement of punishment and fine imposed on the accused.

(2.) THE complainant's case is as follows:- The accused 2 and 3 are partners in the first accused firm. The accused 2 and 3 have purchased cotton yarn from the complainant, who runs a cotton yarn mill. In order to settle the amount of Rs.3,34,600/- for purchase of cotton yarn, the accused had issued four cheques to the complainant viz., cheque for Rs.88,200/-, dated 14.02.2000, cheque for Rs.84,001/-, dated 14.02.2000, cheque for Rs.84,000/-, dated 15.02.2000 and cheque for Rs.78,400/- dated 15.02.2000, drawn on Federal Bank, Erode Branch, to and in favour of the complainant. The complainant presented the said cheques with his bankers viz., Bank of India, Oppanakara Branch, Coimbatore, but the said cheques were returned unpaid on 23.02.2000 due to insufficient funds. The complainant issued lawyer's notice to the accused on 02.03.2000, which was received by the second accused on 06.03.2000. The notices sent to the first and third accused were returned undelivered. In spite of receipt of notice, the accused had not paid the said cheque amount. Hence, the complaint was filed against the accused for the offence under Section 138 of Negotiable Instruments Act before the Judicial Magistrate-V, Coimbatore. The accused pleaded not guilty before the trial Court and hence trial was conducted.

(3.) THE accountant in the complainant's firm, Subramani, the power of attorney holder of the complainant, was examined as P.W.1. P.W.1 had adduced evidence that he has been authorized by the complainant herein to represent the case and has marked the authorization letter as Ex.P1; that four cheques had been issued by the accused for settlement of purchase of yarn and that the copy of the 8 invoices for this amount had been marked as Ex.P2; that the present complaint had been preferred for dishonour of two cheques each dated 15.02.2000, for an amount of R.84,000/- and Rs.78,400/- drawn on Federal Bank, Erode Branch and that these have been marked as Exs.P3 and P4; that when the said cheques were presented for encashment with the complainant's bankers viz., Bank of India, Oppanakara Branch, Coimbatore, it were returned with the endorsement of "insufficient funds" in the account of accused on 21.02.2000 through return memos marked as Exs.P5 and P6; that the complainant had then issued a lawyer's notice to the accused on 02.03.2000, a copy of which had been marked as Ex.P7; that the notice sent to the accused No.1 and 3 were returned and the copy of returned covers had been marked as Exs.P9 and P10; that the acknowledgment card for receipt of notice by the second accused was marked as Ex.P8; that the bank account statement of the complainant was marked as Ex.P11.