MOOKAIAH AND SONS Vs. GOPALJI AGARWAL

JUDGEMENT

(1.) This Criminal Revision Case is filed by M/s.Mookaiah and Sons (Accused No:1) and its partner M.Ganesh (Accused No:2) having lost their Criminal Appeal No.123 of 2019, preferred against the Trial Court judgment holding them guilty of offence under Sec. 138 of N.I Act and sentenced A-2 to undergo 10 months S.I and A-1 and A-2 jointly and severely pay fine of Rs.25.00lakhs with 9% interest p.a as compensation to the complainant, from the date of dishonour of the cheque (08/04/2014) till the date of judgement in C.C.No.2383 of 2016 dtd. 28/02/2019, on the file of Metropolitan Magistrate, Fast Track Court No:IV, George Town, Chennai, within a month, in default A-2/M.Ganesh, to undergo 2 months S.I.

(2.) The complaint of Mr.Gopalji Agarwal represented by his Power Agent Mr.Ramesh Babu against the revision petitioners is that, M/s.Mookiah & Sons, Pondicherry a partnership firm through its partner borrowed Rs.25.00 lakhs from the complainant on 24/12/2012 for the business purpose and promised to repay it on demand along with 30% interest per annum. A pro-note was executed by M.Ganesh, Partner M/s.Mookaiah & Sons in favour of the complainant on the said date. The loan amount was transferred through bank into the account of the accused. After repeated demand to repay the loan, a cheque dtd. 04/04/2014, for Rs.25.00 lakhs from the account maintained in the name of the first accused firm at SBI, SME Branch, Pondicherry was issued in favour of the complainant. The said cheque on presentation returned with memo "Funds insufficient". The complainant caused notice dtd. 06/05/2014 to the Firm and the Partner calling upon to pay the cheque amount. They received the notice on 09/05/2014, but neither paid the cheque amount nor reply to the notice.

(3.) From the perusal of the records, it appears, on 26/06/2014, the written complaint presented before the VII, MM, George Town, Chennai on 26/06/2014. The complaint was returned to be filed along with condone delay petition. Then, the complaint filed along with condone delay of 2 days in preferring the complaint. The Learned Magistrate has condone the delay and taken the complaint on file assigning S.T.C.No.58/2015. Later for want of jurisdiction, the complaint was transferred to Pondicherry, the Union Territory in which the accused carrying on its business. The Judicial Magistrate-II, Pondicherry, took the complaint on file and assigned S.T.C.No:1420/2015. After the Hon'ble Supreme Court judgment clarifying its earlier judgement on jurisdiction, the complaint was returned to VII Metropolitan Magistrate, George Town, Chennai. The Learned Metropolitan Magistrate on 15/09/2016, after recording the sworn statement of the complainant took the complaint on file as C.C.No.2383 of 2016.