P VELUSAMY Vs. P RAJKUMAR

JUDGEMENT

(1.) This appeal has been filed seeking to set aside the judgment dated 18.6.2007 made in C.A.No.30 of 2006 on the file of the learned Additional Sessions Judge (Fast Track Court No.I) Salem, reversing the judgment of conviction dated 17.1.2006 made in C.C.No.329 of 2002 on the file of the learned Judicial Magistrate No.II, Sankari.

(2.) For the sake of convenience, the appellant and the respondents will be referred to as per their array in the complaint. The respondents herein are accused Nos.3 and 1

(3.) It is the case of the complainant that he was doing cotton business and the 1st accused M/s.Shanmugaraja Spinning Mills Private Limited was his customer. The 2nd accused was the the Managing Director, 8th accused was the Director-cum-General Manager and accused Nos.3 to 12 were involved in day-to-day business affairs of the 1st accused. On 12.9.2000, the 1st accused purchased 4021 kilogram cotton worth Rs. 2,40,275/- on credit basis. Despite repeated demands by the complainant, the accused have not repaid the debt. However, the 1st accused had issued post-dated cheques for a sum of Rs. 1,20,000/- dated 17.9.2002 and sum of Rs. 1,20,275/- dated 10.2002 (Exs.P3 and 4). On 15.10.2002, the complainant presented the said cheques for encashment through his banker and the same were returned with Memo Ex.P5 that the account of the first accused was closed. On 28.10.2002, the complainant sent Ex.P6-legal notice to all the accused. The accused 1 to 12 sent Ex.P20-reply containing false allegations and also demanded time for repayment. On 08.11.2012, accused 3 and 12 have also sent Ex.P21-reply notice to the notice issued by the complainant. Since the accused failed to pay the amount, the complainant had filed the complaint under Section 138 of Negotiable Instruments Act (hereinafter referred to as "the NI Act") before the Judicial Magistrate No.II, Sankari in C.C.No.329 of 2002. On receipt of summons, the accused appeared and when they were questioned about the accusation against them, they denied the same.