KARTHIKEYAN B E Vs. STATE OF MADRAS

JUDGEMENT

(1.) THE de facto complainant/p. W. 1 is the revision petitioner and the revision is directed against the acquittal of the respondents 2 to 4/a1 to A3 as per judgment dated 19. 3. 2003 made in C. A. No. 55 of 2002 on the file of the First Additional District Court-cum-Chief Judicial Magistrate Court, Coimbatore, reversing the conviction and sentence of two years rigorous imprisonment and to pay a fine of Rs. 5,000/-, in default three months simple imprisonment for the offence under Section 420 I. P. C. as per judgment dated 13. 2. 2002.

(2.) THE facts that led to the filing of this Criminal Revision Case are as follows:- The revision petitioner/de facto complainant is the proprietor of Altra Fbs Company and was manufacturing yarn of dyed woven fabric. The second respondent/a1, is the father of the fourth respondent/a3 and the third respondent/a2 is the General Manager of Kiron Fashion Private Limited Company. A1 is the Chairman and A3 is the Director of Kiron Fashion Private Limited Company. As per the purchase order placed by the respondents 2 to 4/a1 to A3 for the purchase of fabrics, the revision petitioner transported his fabrics to them through Southern Railway as per Invoice No. 29 (Ex. P-2) dated 29. 7. 1998 on the strength of a hundy for Rs. 28,05,097/ -. The hundy was dishonoured for want of sufficient funds. The respondents 2 to 4/a1 to A3 by entering into criminal conspiracy prior to 10. 5. 1997, cheated the revision petitioner. The cheque for Rs. 5 lakhs issued by the respondents 2 to 4/a1 to A3 was also dishonoured when presented for collection as "insufficiency of funds" on 14. 3. 1997. Accordingly, charge-sheet was filed for the offence under Sections 120b and 420 I. P. C. read with Section 109 I. P. C. against the respondents 2 to 4/a1 to A3.

(3.) BEFORE the Judicial Magistrate No. VII, the prosecution examined the revision petitioner as P. W. 1, besides P. Ws. 2 to 5 and marked Exs. P-1 to P-14.