JAWAHAR MILLS LTD Vs. GENERAL DIFFUTIONS

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in C. C. No. 304/1996 on the file of the Judicial Magistrate No. I, Tiruppur. The complainant, who has lost his case before the trial Court, is the appellant herein. The complainant has preferred the complaint under Section 200 of Cr. P. C.

(2.) THE short facts relevant for the purpose of deciding this appeal narrated in the plaint are as follows:-The Plaintiff by name Jawahar Mills Ltd, is having office at No. 21, Sales Depot, Sathappa Compound, Harvy road, Tirupur-2. One Kalidas is the authorised representative of the plaintiff. The said Kalidas has filed the complaint on behalf of the complainant-M/s. Jawahar Mills Ltd. The first accused is M/s General Diffutions company Ltd and the second accused is the authorised representative of the first accused. As per invoice No. 50, dated 29. 06. 1995, the accused owes a sum of Rs. 93,896/- in connection with the purchase of yarn from the complainant-company. The second accused had issued a cheque No. 347855 dated 6. 7. 1995 for a sum of Rs. 93,896/- drawn in favour of the complainant-company. The said cheque was presented on 13. 09. 1995 before the Indian Oversees Bank, Tiruppur Branch, but the same was returned by the Bank stating that there was no sufficient funds in the account of the first accused-company. The complainant had represented the cheque as per the request made by the first accused on 29. 09. 1995 in the same Bank. But the said cheque was once again returned on 30. 09. 1995 stating the same reason. The complainant had issued a suit notice through his lawyer on 11. 10. 1995. Even after receipt of the said notice the accused have not chosen to send any reply. Hence, the plainant has preferred this complaint under Section 138 of the Negotiable Instrument Act.

(3.) AFTER recording the sworn statement of the authorised representative of the complainant-company, viz. Kalidas, the learned Judicial Magistrate had taken the complaint on file and issued notice to the accused. On appearance of the accused copies under Section 207 of Cr. P. C. were furnished to the accused. When questioned the accused pleaded not guilty.