DURAISAMY Vs. KANIRAJ

JUDGEMENT

(1.) Criminal Revision Case Nos. 554 and 555 of 2005 are filed by the complainant to enhance the sentence imposed and award compensation to the accused in C.C. Nos. 300/2003 and 332/2001 respectively on the file of the learned Addl. District Munsif cum Judicial Magistrate, Manamadurai, dated 1.8.2005, whereas the Criminal Appeal Nos. 12 and 13 of 2007 are filed against the judgments rendered in C.A. Nos. 44 and 45 of 2005 on the file of the learned Sessions Judge, Sivagangai dated 20.7.2006 in reversing the well considered orders rendered in C.C. Nos. 300/2003 and 332 of 2001 respectively, dated 1.8.2005.

(2.) The petitioner/appellant/complainant filed two complaints in C.C. Nos. 300/2003 and 332/2001 on the file of the Judicial Magistrate Court, Manamadurai, under Section 138 of the Negotiable Instruments Act stating that the respondent issued 4 cheques each for Rs. 3 lakhs in his favour and those cheques were dishonoured when presented and after statutory notice the complaints were filed. The trial court convicted the respondent and the first appellate court set aside the conviction and sentence in C.A. No. 44 and 45 of 2005 on the file of the Sessions Court, Sivagangai. The appellant filed C.S. Nos. 12 and 13 of 2007 against the said orders. The appellant also filed Crl.R.C. Nos. 554 and 555 of 2005 for enhancement of sentence and hence all the four matters are taken up together.

(3.) It is the admitted case of both the parties that the appellant was the owner of M/s. K.A.S.A Tile Factory and the appellant and the respondent entered into an agreement on 24.2.2001 for the ale of the entire scrap i.e., used machineries and materials, iron and wooden articles for a consideration of Rs. 26lakhs and on that date of agreement itself the respondent paid Rs. 13 lakhs. As per the agreement which is marked as Ex. D.1, the balance amount of Rs. 13 lakhs shall be paid in two installments Rs. 5 lakhs and Rs. 8 lakhs. It was further agreed that the respondent shall remove the machineries, transformers, iron scraps and generator from 15.3.2001. The respondent was also permitted to remove the wooden articles after payment of Rs. 5 lakhs and the remaining tiles, bricks and other materials on payment of Rs. 8 lakhs. It was also agreed that all the articles shall be removed on or before 31.8.2001.