MARIMUTHU Vs. ARUMUGAM

JUDGEMENT

(1.) These criminal appeals have been filed against the orders of acquittal passed by the learned Judicial Magistrate-Ill, Srivilliputhur, in CC Nos. 14 of 1990 and 241 of 1990, dated 1-3-1993, for the offence under Section 138, Negotiable Instruments Act.

(2.) The appellant/complainant filed two separate complaints for identical facts before the learned Judicial Magistrate stating that he placed the orders for supply of powerlooms by the respondent/accused and even though some powerlooms were supplied the orders placed on two occasions each time for two powerlooms were not supplied by the respondent/accused though the value of the powerlooms at Rs.50,400/- was paid to the respondent/accused. It is also the allegation in the complaint that when he insisted for the supply of the powerlooms, the respondent/ accused issued two cheques, each for Rs.50,400/- towards the value of the powerlooms and when he presented the cheques, they were bounced, and therefore, after issue of the notices to the accused, who did not make any efforts to make payment even after the notices, he filed the two separate complaints against the respondent/accused under Section 138 Negotiable Instruments Act.

(3.) The complainant examined himself and another witness, the bank official and necessary documents were also produced to prove the bouncing of the cheques.