SIVA SAKTHI MILLS Vs. CHANDRASEKAR

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgement passed in CC. No. 539/1999 dated 16. 5. 2002 by the learned Judicial Magistrate I, Tiruppur, acquitting the respondent for the offence under Section 138 of the Negotiable Instruments Act.

(2.) THE Appellant is M/s. Sri Sivasakthi Mills, Tiruppur represented by its proprietor Kandasamy. Originally the complaint was filed against the Respondent through their Power of Attorney Agent by name S. subbiah (PW. 1), who was the manager. To supply yarn to the Appellant Company, Respondent was paid with a sum of Rs. 4,50,000/- by the Appellant, but the Respondent never supplied the yarn and when the Appellant demanded to return the money, the Respondent had issued a cheque Ex. P2 in favour of the Appellant and when it was deposited with their banker, it was returned with a memo stating that a stop payment letter had been issued by the Respondent. On receipt of the memo Ex. P4, the Appellant had issued the statutory notice Ex. P10 to the Respondent, but there was no reply or response from him. Thereafter the Appellant filed the complaint under Section 138 of the Negotiable Instruments Act before the court below in CC. No. 539/1999.

(3.) THE defence of the Respondent before the Trial Court was that there was no transaction between him and the Appellant and he does not know them and he never issued the impugned cheque. According to him, a blank cheque was issued by him to a person by name Mani and it has been misused by the Appellant for filing a false case against him.