G.RAJA Vs. M.LAKSHMANAN

JUDGEMENT

(1.) These three criminal appeals arise from three private complaints against the respondent - Lakshmanan filed under sec. 138 of the Negotiable Instruments Act. The complainants are brothers. One complaint is filed by G.Ramesh in his personal capcity and other two complaints are filed by him in the capacity as power agent of his brothers Raja and Ramdoss. The facts and point of law involved, in these cases, are one and same. Hence, the three Criminal Appeals are taken up together for consideration and common judgment is passed.

(2.) Three complaints in (i) C.C.No.10 of 2008 preferred by G.Raja represented by his power agent G.Ramesh; (ii) C.C.No.11 of 2008 preferred by G.Ramdoss represented by his power agent G.Ramesh and (iii)C.C.No.12 of 2008 preferred by G.Ramesh, all against M.Lakshmanan, were taken on file and tried by the learned Judicial Magistrate, Alandur, Chennai.

(3.) The contention of the complainants was that, they entered into an oral partnership agreement with the respondent/accused and invested Rs.10.00 lakhs each. The respondent/accused failed to render accounts. After much persuasion, the respondent/accused agreed to give part profit in the business and gave i) Cheque bearing No. 375924 dtd. 24/10/2008 drawn in favour of Raja, ii) cheque bearing No. 375928 dtd. 3/10/2008 drawn in favour of Ramesh and iii) cheque bearing No. 375931 dtd. 3/10/2008 drawn in favour of Ramdoss, from his account, maintained at Lakshmi Vilas Bank, Kodambakkam branch for Rs.10.00 lakhs each.