S. SRINIVASAN Vs. PREMIER ENERGY & INFRASTRUCTURE LTD.

JUDGEMENT

(1.) The appellant is the complainant in a private complaint filed under Sec. 200 of the Code of Criminal Procedure, complaining that the first respondent and the respondent Nos.2 to 8, being its Directors and officers, committed an offence under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) The said complaint was taken on file by the learned Judicial Magistrate, Fast Track Court, Magistrate Level at Thiruvallur in S.T.C.No.6 of 2016 and by a judgment, dtd. 20/1/2017, the Trial Court acquitted all the accused holding that the cheque was not issued in discharge of any legally enforceable debt or liability.

(3.) Aggrieved by the same, the appellant herein had filed Crl.A.No.25 of 2017 and by a judgment, dtd. 28/3/2018, the Learned I Additional Sessions Judge, Thiruvallur, upturned the finding of acquittal and convicted all the accused Nos.1 to 9 for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 and sentenced the accused Nos.2 to 9 to undergo Simple Imprisonment for a period of one year and directed all the accused Nos.1 to 9 to pay a compensation of Rs.10,00,00,000.00 and in default of payment of the same, directed accused Nos.2 to 9 to undergo Simple Imprisonment for a period of one month.