BANNARI AMMAN MILLS Vs. FENNER INDIA LTD

JUDGEMENT

(1.) THIS revision has been preferred against the order passed in C. A. No. 175 of 2000 on the file of the Court of Additional District Sessions Judge (Fast Track Court-2) Salem. A private complaint under Section 200 Cr. P. C. for an offence under Section 138 of the Negotiable Instruments Act,1881 was originally preferred by Fenner (India) Private Limited against four accused, A1 to A4. Pending trial A3 is dead.

(2.) IN the complaint, the complainant would allege that in A1 Company A2,a3 and A4 are the Directors and the accused used to purchase cotton from the complainant and in the said dealing a sum of Rs. 3,88,500/- was due to the complainant from the accused in connection with the purchase of 70 bags of cotton and to discharge the said amount, A3 as one of the partners of the first accused Company, had drawn a cheque for Rs. 3,88,500/- in favour of the complainant and when the same was presented in Vijaya Bank, Tirupur for collection, the same was returned with an endorsement that "there was no sufficient funds in the account of the drawer. Hence the complaint.

(3.) THE said complaint was taken on file by the leared Additional District Sessions Judge (Fast Track Court-2) Salem as C. C. No. 55 of 1998 and on appearance of the accused on summons, the learned trial Judge has furnished copies under Section 207cr. P. C. to the accused and when the offence was explained to the accused, they pleaded not guilty.