ROYTEX Vs. PUSHPA GOVINDAN

JUDGEMENT

(1.) THE complainant in STC. No. 3969 of 1996 on the file of the learned Judicial Magistrate No. V, Coimbatore, is the appellant herein. This appeal have been preferred only against only A2-Pushpa Govindan. A2 is partner of Sree Mookambikai Fabrics, (A1), having office at 75, Lingappa Chettiar Lane No. 2, Combatore. Another partner of Sree Mookambikai Fabrics is A3-C. Karthikeyan, who has been discharged by an order in C. M. P. No. 3069/1997 by the trial Court. The complainant is Roy Tex represented by its sole proprietor V. C. Ramasamy.

(2.) THE facts in the private complaint are that the complainant supplied cotton yarn to the accused on credit basis and a sum of Rs. 1,12,600/- was due to be paid by the accused to the complainant. The accused gave a chque for Rs. 1,00,000/- dated 01. 10. 1996 and another cheque for Rs. 12,600/- dated 15. 10. 1996. Both the cheques were drawn on the State Bank of India, Coimbatore. On presentation of the cheques both the cheques were returned on 23. 10. 1996 with an endorsement that there is no sufficient funds available in the accounts of the accused. The complainant sent lawyer's notice on 24. 10. 1996. A2 received the notice. A1 and A3 evaded the service of the said notices and notices were returned with an endorsement that 'party not available'. Hence, the complaint.

(3.) THE private complaint was taken on file by the learned Judicial magistrate No. V, Coimbatore, for an offence under Section 138 of the Negotiable Instrument Act, and on appearance of the accused on summon, copies under section 207 of Cr. P. C. , were furnished to the accused and when the offence was explained to the accused, the accused pleaded not guilty. On the side of the complainant, the complainant was examined as P. W. 1 and an officer of the State Bank of India was examined as P. W. 2. Ex. P. 1 to Ex. P. 18 were marked on the side of the complainant.