NAGASUBRAMANIAN Vs. HOPE KNITTING HOME

JUDGEMENT

(1.) Complainant has come forward with this appeal against the order of acquittal, acquitting the Respondents / Accused 1 to 3 under Sec.138 Negotiable Instruments Act in C.C.No.115 of 1996 on the file of Judicial Magistrate No.3, Salem by the Judgment dated 16.10.1997.

(2.) The relevant facts could briefly be stated thus:- A.1 - M/s. Hope Knitting Home is a partnership firm, which had business transaction with the Complainant on credit. A.2 and A.3 are the partners of A.1 firm. In the course of business dealings, A.2 and A.3 representing as partners of A.1 firm, issued a cheque No.C3/94, 421769 dated 05.09.1995 drawn on Lakshmi Vilas Bank Limited, Tirupur for a sum of Rs.1,75,750/- under Ex.P.2 in favour of the Complainant for the amount due on credit purchase. The Complainant presented Ex.P.2 - cheque for collection for the second time in his bank viz., Bank of Baroda. The Cheque - Ex.P.2 was returned with Ex.P.3 - Memo dated 22.12.1995 with an endorsement " Insufficient Funds " in the Account of the Accused. On 28.12.1995, the Complainant's Bank intimated the Complainant regarding the dishonour of the Cheque under Ex.P.4 - Memo.

(3.) The Complainant issued Ex.P.5 - Statutory Notice to the Accused on 30.12.1995. A.1 and A.2 refused to receive the notice and the same was returned as "Intimated Unclaimed". Exs.P.6 and P.7 are the returned Postal Covers. A.3 was served with notice and Ex.P.8 is the acknowledgement dated 01.01.1996. The Accused did not pay the Cheque amount even after 15 days. Hence, the Complaint was filed on 15.02.1 996 under Sec.138 Negotiable Instruments Act.