K.VELLACHAMY MAHENDRAN Vs. VIMALA

JUDGEMENT

(1.) These criminal revision cases have been filed by the petitioner seeking to set aside the judgment dtd. 22/8/2022 passed by the learned III Additional District & Sessions Judge, Coimbatore in C.A.Nos.201, 200 & 202 of 2020 respectively, confirming the order of conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court No.1 @ Magisterial Level, Coimbatore vide judgment dtd. 21/10/2020 in C.C.Nos.256, 255 & 257 of 2018 respectively and acquit him.

(2.) The petitioner in these cases is an accused. The respondent/complainant filed a private complaint under Sec. 200 of Cr.P.C against the present revision petitioner/accused for an offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'NI Act').

(3.) The case of the respondent/complainant in a nutshell is as follows: The respondent/complainant is carrying on business in dealing with different types of kraft papers under the name and style of "Vimala Packaging" for the past several years. The respondent/complainant authorized her husband Mr.Prakash Chand as Power of Attorney to file a complaint and give evidence against the petitioner/accused by way of Power of Attorney dtd. 3/3/2018. The petitioner/accused, Proprietor of M/s.Akshaya Traders approached the respondent/complainant and placed an order for supplying kraft papers on credit basis. The respondent/complainant also accepted the order of petitioner/accused and supplied goods on credit basis as detailed hereunder: