D CHANDRASEKARAN Vs. M MUTHUKUMARASAMY

JUDGEMENT

(1.) THE petitioner herein who faced prosecution under Section 138 of the Negotiable Instruments Act and having received a verdict of conviction, has preferred the respective criminal revision cases before this Court.

(2.) THE complainant in the three cases are three different persons. M/s. Seven Star Videos represented by one Babu and Chandrasekaran are the accused in C. C. Nos. 438 of 1998 and 420 of 1996 which ultimately culminated in Crl. R. C. Nos. 372 and 373 of 2005 before this Court. Chandrasekaran is the accused in C. C. No. 421 of 1996 which ultimately culminated in Crl. R. C. No. 374 of 2005 before this Court.

(3.) THE trial Court, having adverted to the evidence on record in the back ground of oral testimony, has come to a conclusion that the cheques were issued for the existing liability by the petitioner herein in his capacity as partner of M/s. Seven Star Videos in two cases and in his individual capacity in one case. As the cheques presented for collection were returned dishonoured as "account closed", the petitioner herein was convicted for the offence under Section 138 of the Negotiable Instruments Act and mandated to undergo the sentence as stated supra.