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2014 Supreme(AP) 579

B.SIVA SANKARA RAO
Appolo Tyres Ltd. – Appellant
Versus
H. M. Tyres – Respondent


Advocates appeared:
For the Appellant:M.S.N. Prasad, Advocate.
For the Respondents:R1 to R3, B. Nagi Reddy, Advocate, R4, Public Prosecutor.

Judgment :

1. The appellant-complaint M/s. Apollo Tyres Ltd., seeks to assail the 15 acquittal judgements of even dated 28.06.2001 passed by the learned IV Metropolitan Magistrate, Hyderabad, in the respective private complaint cases vide C.C.Nos.56, 57, 54, 60, 59, 52, 61, 62, 65, 63, 58, 55, 64, 51 & 53 of 2001 filed by said complainant (under Section 138 of the Negotiable Instruments Act,1881-amended by Act 66 of 1988 (for brevity 'the Act'), which came into force w.e.f., 01.04.1989. The accused in these cases are no other than the area dealers of the products of the complainant, by name M/s. H.M. Tyres, represented by Mr. Hameed Muzafaruddin(A-1), said Muzafaruddin (A-2) individually, so also Mr. Adil Moizuddin (A-3). The complainant - M/s. Apollo Tyres Ltd., filed the complaints, rep. by its employee, duly authorised (Mr. K.G.Nair – the then District Commercial in-charge, on whose sworn statement, cognizance was taken on the 15 complaint cases for the offence under the provisions of the Act and later changed the authorisation to the then District Commercial in-charge Mr. Krishna Rao – P.W.1).

2. The case of the complainant in all these cases was that for the supply of the prod


































































































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