HINDUSTAN COTTON SPINNING MILLS Vs. M S BHASKAR

JUDGEMENT

(1.) THIS Appeal is directed against the Order of Acquittal of the accused. By the impugned Judgment under Appeal, Judicial Magistrate No.III, Coimbatore has acquitted the Respondent / accused under Section 256(1) of Crl.P.C. (in a private complaint filed by the Complainant under Section 138 of Negotiable Instruments Act) for non-appearance of the Complainant.

(2.) COMPLAINANT - Hindustan Cotton Spinning Mills is a Partnership Firm engaged in manufacturing activities. The accused was having business transaction with the COMPLAINANT. In the regular course of business, the accused purchased 30 carded yarn on credit. As per the accounts maintained by the COMPLAINANT, in the regular course of business, Respondent / accused has to pay a sum of Rs.4,57,793/= to the COMPLAINANT. In fact, admitting his liability, the accused had executed an Agreement dated 28.07.1994 along with his father-in-law R.Balasubramaniam. The said R.Balasubramaniam was the guarantor for the amount payable.

(3.) IN this Appeal, despite issuance of notice for several hearings, Respondent / accused has not entered appearance. Service was held to be sufficient. Name of the Respondent / accused printed in the cause list. The arguments of the Appellant / Complainant heard.