(1.) These Appeals have been arising out of judgement of acquittal of the Accused/Respondents in all the cases in C.C. Nos. 314 of 1998, C.C. Nos. 47, 48, 49, 50, 51, 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 106, 107, 108 & 109 of 1999 passed by the learned Judicial Magistrate I, Namakkal, dated 15.07.2002.
(2.) The Appellant as a Complainant preferred private Complaints in C.C. Nos. 314 of 1998, C.C. Nos. 47, 48, 49, 50, 51, 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 106, 107, 108 & 109 of 1999 stating that the Appellant/Complainant is a Tyre Manufacturing Company viz., Apollo Tyres Limited, represented by Deputy Manager (Legal) & Power of Attorney Agent, Kapil Kumar. The Respondent-Firm is an appointed dealer of Appellant-Company viz., M/s. Amar Tyres. The Respondents 2 to 4/Accused 2 to 5 are Partners of the 1st Respondent-Firm.
(3.) The Respondents/Accused had purchased goods (Tyres) from the Appellant/Complainant Company during 30.3.1998 to 9.7.1998 under various 63 Invoices as per Ex.P.26. To repay the amount, the Respondents/Accused issued 63 Cheques including Ex.P.6 to Ex.P.25 totalling to the tune of Rs. 19,36,765.00. When the Cheques were presented for encasement before Tamil Nadu Mercantile Bank, they were returned with an endorsement insufficient funds as per return memo issued by Tamil Nadu Mercantile Bank-Ex.P.28. Hence, the Appellant/Complainant issued notice under Sec. 138, Proviso (b) of Negotiable Instruments Act under Ex.P.2. The notice was received by the Respondents/Accused under Ex.P.3 Acknowledgement Card. At the time of filing case, the Appellant/Complainant filed 63 Cheques and out of 63 Cheques, they kept themselves 43 Cheques and the same will be submitted at the time of proceedings. Since the above said 43 Cheques have been lost, a Complaint was lodged before Namakkal Police Station and the receipt for registration of Complaint is Ex.P.4. The report given by Namakkal Police Station stating that the 43 Cheques are untraceable is Ex.P.5. The documents notarised by the Notary Public in respect of 43 Cheques are marked under Ex.P.27. Since the Respondents knowing fully well that they have no sufficient funds to honour the Cheques on the date of issuance of Cheques, issued Ex.P.6 to Ex.P.25-Cheques, thereby the Respondents/Accused have committed offence punishable under Sec. 138 of Negotiable Instruments Act.