MOTHER INDUSTRIES Vs. S P.L.LEATHERS TANNERY

JUDGEMENT

(1.) The criminal revision case preferred by the accused being aggrieved by the concurrent finding of the Courts below holding guilty for issuing two cheques one for Rs.12,02,019.00 and another for Rs.10,37,846.00.

(2.) According to the complainant, he is running a leather business in the name and style of M/s Mother Industries, Arcot had supplied material to the accused/revision petitioner herein running business in the name of M/s PL.Leathers Tannery, Erode under two invoices one dtd. 13/3/2016 for Rs.12,02,019.00 and another dtd. 20/5/2016 for a sum of Rs.10,37,846.00. Two post dated cheques were given for the materials supplied and inspite of much persuasion, the accused did not pay the invoice amount, except a sum of Rs.2,00,000.00 on 6/1/2017 and Rs.5,00,000.00 on 2/6/2017. Hence, the post dated cheques given to him was presented and on bouncing of two cheques, statutory notice was issued. To the said statutory notice dtd. 7/7/2018, the accused gave a reply admitting the transaction and issuance of post dated cheques, but had taken a plea that the goods supplied was defective and therefore, there is no liability to pay the cheque amount, but much less the cheque amount of Rs.15,39,865.00 demanded under the statutory notice.

(3.) The trial Court took the private complaint filed in S.T.C.No.329 of 2018. To prove the complaint, one Lakshmanan, Proprietor of M/s P.L.Leathers Tannery was examined as PW-1. 13 exhibits were marked. No evidence on behalf of the accused was adduced.