INDIA STEEL & ALLOYS Vs. VENKATESA INDUSTRIAL SUPPLIERS

JUDGEMENT

(1.) THOUGH individual cases were filed and individual appeals were filed against the conviction by the trial Court, having regard to the fact that common evidence was recorded in all the cases, this common judgment is delivered in all these cases.

(2.) THE complainant in various cases before the trial Court is the appellant. The complainant filed cases under section 138 of the Negotiable Instruments Act stating that the respondents were having dealings with the complainant/appellant in purchasing steel from the appellant and they were running accounts and after adjusting periodical payments made by the respondent/accused, it was found that some of Rs.1,01,78,713 was due and payable by the accused. A Memorandum of Understanding was also came to be executed between the parties wherein the respondent/accused accepted and admitted their liability and issued 10 post dated cheques towards discharge of their liability. The cheques were presented for payment on due dates and they were dishonoured with an 'endorsement funds insufficient' and therefore, statutory notice was given and there was no reply from the respondent/accused and thereafter, the complaints were filed.

(3.) DURING trial, the complainant/appellant examined his power agent as PW.1 and marked Special Power of Attorney as Ex.P.1, Cheque as Ex.P.2, Return Memo Ex.P.3, Debit Advice as Ex.P.4 and Acknowledgments by A.1 and A.2 as Exs.P.6 and P.7. The respondent/accused examined the second respondent as DW.1 and also examined one more witness.