R.MURUGESAN Vs. M/S PIDILITE INDUSTRIES LTD

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 20.07.2012 passed by the II Additional Sessions Court, Chennai in Criminal Appeal No.97 of 2011 confirming the order dated 19.04.2011 passed by the XVIII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.2145 of 2006.

(2.) For the sake of convenience, the petitioner and the respondent will be referred to as the accused and complainant respectively.

(3.) It is the case of the complainant that they are engaged in the manufacture of Fevicol adhesives, synthetic resins, pigments, leather chemicals etc., The accused, who was the Proprietor of M/s.Vijayakumar Chemicals, had purchased leather chemicals from the complainant regularly on credit basis and a sum of Rs.87,771.11 was due and payable by the accused to the complainant as on 29.04.2005. Towards the said liability, the accused issued three cheques, for Rs.20,000/- dated 12.01.2006 (Ex.P3), Rs.25,000/- dated 16.01.2006 (Ex.P4) and Rs.30,000/- dated 20.01.2006 (Ex.P5). When the complainant presented the three cheques on the respective date mentioned thereon, they were returned unpaid with the endorsement "Insufficient Funds". On receipt of the communication from the bank, the complainant issued a legal notice dated 08.02.2006 (Ex.P10), which was received by the accused vide acknowledgment card Ex.P11. Since the accused did not comply with the demand, the complainant initiated a prosecution in C.C.No.2145 of 2006 before the XVIII Metropolitan Magistrate, Saidapet, Chennai under Section 138 of the Negotiable Instruments Act, 1881 against the accused.