S. KAMATCHI Vs. ARKAA MEDICAMENT

JUDGEMENT

(1.) CHALLENGE in these criminal appeals is to the judgments passed in Criminal Appeal Nos.133 to 136 of 2000 by the Additional District and Sessions cum Fast Track Court No. III, Madurai, wherein the conviction and sentence passed in Calendar Case Nos.199, 277, 539 & 540 of 1998 by the Judicial Magistrate Court No. II, Madurai are set aside.

(2.) IN the complaint filed in C.C.No.199 of 1998, it is stated that the first ac cused is a partnership firm and in which the second accused is one of its partners. The second accused has approached the complainant for getting financial assistance and borrowed money in the year 1990 and on 10.03.1995 the amount has been calculated to the tune of Rs.54,000/- and for the said amount, the second accused for himself and on behalf of the first accused, has executed a pro-note. The second accused has admitted and acknowledged the liability and with the intention to repay the same, he has given the cheque in question on 15.08.1997 for a sum of Rs.54,000/- in favour of the complainant and the same has been presented in the concerned bank and the concerned bank has retuned the cheque in question stating 'funds insufficient' and subsequently a legal notice has been issued and even after receipt of the same, the accused have failed to discharge their liability and under the said circumstances, the accused are said to have committed offence under Section 138 of the Negotiable Instruments Act, 1881.

(3.) IN the complaint filed in C.C.No.540 of 1998, it is stated that the first ac cused is a partnership firm and in which the second accused is one of its partner and the second accused for himself and on- behalf of the first accused, has approached the complainant for getting money and he borrowed the same in the year 1990 and on 10.03.1995 the amount has been calculated to the tune of Rs. 17,360/- and on that day, the second accused has executed a pro-note for the said sum in favour of the complainant and he has also issued a cheque for the said sum in favour of the complainant and the same has been presented in the concerned bank and the concerned bank has returned the same stating 'funds insufficient' and subsequently a legal notice has been issued and even after re ceipt of the same, the accused have failed to discharge their liability and under the said circumstances, they have committed offence under Section 138 of the Negotiable Instruments Act, 1881.