MADRAS CEMENTS LIMITED, REP BY T R LAKSHMI NARAYANAN Vs. VUGGAM SAMBASIVA RAO, PROPRIETOR OF SAMBASIVA CEMENT STORES

JUDGEMENT

(1.) This Appeal is directed against the Order of Acquittal in C.C.No.2709/1995 (dated 25.06.1996), acquitting the Respondent/Accused under Sec. 138 of the Negotiable Instruments Act.

(2.) Facts which led to the present Appeal could briefly be stated thus:

(3.) To substantiate the averments in the Complaint, on behalf of the Appellant/Complainant, P.Ws.1 to 3 were examined. Exs.P.1 to P.6 were marked. On behalf of the Respondent/Accused, D.W.1-Vuggam Sambasiva Rao, was examined; Exs.D.1 and D.2 were marked. The defence is that the Respondent/Accused has not issued Ex.P.2-Cheque No.846417 on 29.12.1994 and that the relevant Cheque was issued as Security even in September 1993, which was acknowledged by the Representative of the Appellant/ Complainant-Company. It is the further contention of the defence that during the relevant period in 1994, the Respondent/Accused was in user of other Cheques and Cheque Book containing the Cheque Leaves Nos.206576 - 206600.