INDIAN PETRO CHEMICALS CORPORATION LIMITED MADRAS SALES CENTRE 33 D SILVA ROAD MYLAPORE CHENNAI 600 004 Vs. NORTAN POLYMER LIMITED 15 LAKSHMI STREET NEW AVADI ROAD KILPAUK CHEN NAI 10

JUDGEMENT

(1.) THE complainant has preferred three appeals aggrieved against the order of acquittal passed by the XIII Metropolitan Magistrate in CC 106 to 108 of 1997 dated 1.8.1997.

(2.) THE case of the complainant in all the three appeals is as follows:- On 24.4.1996 the accused issued three cheques each for an amount of Rs.4,84,335/- drawn on the Central Bank of India, Anna Nagar Branch towards business transactions between the complainant and the accused. THEy were deposited for realisation in the State Bank of India, Mount road Branch and they were returned dishonoured. THE complainant issued a notice to the accused and they having received the same, have not chosen to pay the amount. Hence the complainant filed three complaints for an offence under section 138 of the Negotiable Instruments Act.

(3.) IT is admitted that the materials were purchased from the complainant, but since quality material was not sent, a dispute regarding quality of material arose between the parties. The accused had purchased HDPE material on a continuous basis from the complainant and towards the payment, cheques were issued. The issue of various cheque in all the three cases was not in dispute. IT is also necessary to point out that these cheques were presented for encashment and they were dishonoured on two grounds namely, want of funds and out of date.