DURAIRAJ MILLS LTD Vs. SIRUVANEE CLOTHING COMPANY

JUDGEMENT

(1.) The Appellant/Complainant has preferred the instant Criminal Appeal as against the judgment of Acquittal dated, 06.04.2004 passed in C.C.No.624 of 2002 by the Learned Judicial Magistrate No.1, Coimbatore.

(2.) The Learned Judicial Magistrate No.1, Coimbatore, while delivering the judgment in C.C.No.624 of 2002 on 06.04.2004, has acquitted the Respondents 1 to 3/A1 to A3 under Section 255(1) of Cr.P.C., in respect of an offence under Section 138 of the Negotiable Instrument Act.

(3.) The case of the Appellant/Complainant is that it was a Textile Mill registered under the Indian Companies Act and carried on business at Pethanaickenpalayam, Pongalur Post, Avinashi Taluk, Coimbatorte District. The first Respondent/A1 was a Partnership Firm and the Respondents 2 and 3/A2 and A3 were its Partners. The Respondents 2 and 3/A2 and A3 were looking after the day-to-day affairs of the First Respondent/A1 Company and carried on all its business transactions. The Respondents 2 and 3/A2 and A3 were signatories of the cheques issued in respect of the First Respondent/A1 Company. The Appellant/Complainant and the Respondents/Accused had business transactions till the year 2001. The Appellant/Complainant was maintaining true and proper account under the head M/s.Siruvanee Clothing Company.