INNOVATIVE ENTERPRISES Vs. STEEL AND TUBES SYNDICATE

JUDGEMENT

(1.) The complainant in C.C.No.3788 of 2001 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai, is the appellant herein. By a judgment dated 18.10.2006, the learned Magistrate convicted the respondents /accused under section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as "N.I. Act"] and sentenced the second respondent to undergo simple imprisonment for 6 months with a fine of Rs. 5,000.00 each, in default to undergo further period of 2 months simple imprisonment.

(2.) Aggrieved over the said conviction, the accused prepared an Appeal [in Crl.A.No.301 of 2006] before the learned V Additional Sessions Judge, Chennai, wherein he reversed the verdict of conviction and acquitted the respondents/accused. As against the order of acquittal dated 24.10.2009, the complainant has preferred the present Appeal.

(3.) The facts leading to the present Appeal may be stated briefly: The appellant [complainant] is a partnership firm carrying on the business in Galvanized Steel Tubes, Pipes, Pipe Fittings and other allied products. On behalf of the first accused firm [first respondent], the second accused [second respondent] in the capacity, as its partner approached the complainant and on the basis of the orders placed by the accused, the complainant supplied the materials to the accused. The last supply was made and the balance outstanding in this regard is Rs. 2,00,000.00. In order to discharge the liability, the accused issued a cheque bearing serial No.119234 dated 31.12.2000 for a sum of Rs. 2,00,000.00 drawn on Lakshmi Vilas Bank Limited, Chennai.