R KULANDAIVELU Vs. THURAN SPINNING MILLS LTD

JUDGEMENT

(1.) The Respondent herein / complainant had filed C.C.No.328 of 2001, on the file of Judicial Magistrate No.1, Tiruppur, against the revision petitioner herein / accused stating that the accused had issued a cheque for a sum of Rs.5,26,642/- and the same was dishonoured on presentation. Hence, the case has been filed against the accused.

(2.) The accused had pleaded not guilty after receiving copy of the complaint and hence the case was proceeded with. On the side of the complainant, two witnesses were examined and 16 documents were marked, namely, Copy of resolution of the complainant's Company, General power of attorney, Statement of accounts, Invoice, Order of confirmation letter, Delivery note, Cheques which were dishonoured, Bank memos, Advocate Notice, Acknowledgment Cards and Bank statements, etc. On the side of the respondent, RW1 was examined and two documents were marked, namely, Copy of Advocate notice and Reply notice. PW1, had adduced evidence that he is the power agent of the complainant's Company and that the accused had issued cheque dated 29.09.2000 for a sum of Rs.5,26,642/- in favour of the complainant's firm. The same was presented on 10.03.2001 and it was returned with an endorsement of "insufficiency of funds". PW1 further stated that the accused had issued the cheque in order to discharge the legally enforceable debt for a sum of Rs.5,26,642/-. This amount was incurred for the purchase of yarn from the complainant's firm. PW1 further stated that he had issued a legal notice to the accused and even after receipt of the said notice, the cheque amount had not been paid. Supporting his evidence, he had marked the above mentioned documents.

(3.) Pw2, had adduced evidence regarding dishonour of cheque. RW1, one Gurusamy had adduced evidence that he was the accountant in the accused firm. The accused firm had purchased yarn from the complainant's firm on credit basis and subsequently, the complainant had received the amount on 28.09.2000. The directors of the company namely Govindasamy and Tamilselvan and 10 others kidnapped the accused and thereafter, the accused was set free from the illegal custody of the complainant. In this regard, a complaint had been lodged before the Tiruppur North Police Station. Supporting his evidence, he had marked the above mentioned documents.