RAJAGURU SPINNING MILLS (P) LTD Vs. G BALAGANAPATHY

JUDGEMENT

(1.) These criminal appeals were filed by the appellant for special leave to appeal to set aside the acquittal judgment pronounced by principal sessions Judge at Namakkal, in Crl.A.Nos.46, 47, 48, 49 and 50 of 2009 and confirm the convictional judgment Pronounced by the learned Judicial Magistrate, Thiruchengode in C.C.Nos.17, 18, 75, 76, 243 of 2003 for an offence under section 138 of Negotiable Instruments Act.

(2.) Brief case in Crl.A.No.469 of 2011

(3.) The Appellant, Managing Director of Rajaguru Spinning Mills Private Limited and authorized agent and the respondent is G.Balaganapathi, Sri Mahendra Textiles Proprietor. It is stated as the respondent is having business dealings with the appellant's company and in the dealings, there was amount due to the appellant and the respondent issued a cheque on 22.7.1998 for sum of Rs.1,18,000/~ and on 27.07.1998 for sum of Rs.59,500/~ and both cheques drawn on Bank of Baroada. After issue of cheque, the respondent promised to pay the amount and the respondent requested the appellant, not to put the cheque for collection. On the basis of request, made by the respondent, the appellant did not present a cheque. Later on 07.10.2002, still the amount was due, the respondent received back the cheques dated 22.7.1998 and 27.7.1998 and corrected dates as 07.10.2002 and gave the cheque to the appellant. The appellant presented the chque on 17.10.2002 in his bank, Dhanalsakshmi Bank, Erode, and the cheques dishonoured for insufficient of funds. Then the complainant issued notice on 28.10.2002, and the same was received by the respondent on 29.10.2002. But the respondent sent reply on 23.11.2002, containing false allegations. Hence, the complainant had initiated the criminal prosecution against the respondent/accused under section 138 of N.I. Act before the Judicial Magistrate, Thiruchengode in C.C.No.243 of 2003.