N. LAKSHMIAMMAL Vs. SUBASH SPINNING MILLS

JUDGEMENT

(1.) THE complainant in C.C. No.439 of 2007 on the file of the Judicial Magistrate II, Pollachi is the appellant. The complainant filed the above private complaint under Section 138 of the Negotiable Instruments Act against the respondents on the file of the Judicial Magistrate II, Pollachi in C.C. No.439 of 2007 and the learned Judicial Magistrate convicted the second respondent under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/ -, in default, to undergo simple imprisonment for 3 months and aggrieved by the same, the respondents filed Cril.A.No.152 of 2008 on the file of the Additional District and Sessions Judge, Fast Track II, Coimbatore and the learned first appellate Judge allowed the Appeal and set aside the judgment of conviction and sentence and hence, this Appeal is filed by the appellant.

(2.) THE case of the appellant is that the appellant supplied cotton to the respondents 1 and 2 on account, and on 30.09.1998, the respondents were liable to pay Rs.3,57,046/ - and therefore, the respondents issued two cheques bearing No. 498965 dt. 21.9.1998 for Rs.2,00,000 and another cheque bearing No. 498986 dt. 30.10.1998 for Rs.1,57,046/ - both drawn on the Tamilnad Mercantile Bank Ltd., Coimbatore and the cheques were presented for collection and they were returned with an endorsement "insufficient funds" and therefore, a statutory notice dated 27.3.1999 was issued and that was not received by the respondents and therefore, the case was filed.

(3.) THE appellant appeared in person and submitted her arguments as follows: -