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T.CH.SURYA RAO
Sunrise Oleo Chemicals Ltd. – Appellant
Versus
K. M. Enterprises – Respondent


Advocates:
Counsel for the parties:
For the Petitioners:Mr. B. Nalin Kumar, Advocate.
For the Respondent:Mr. C. Praveen Kumar. Advocate PP for Respondent No.2.

ORDER

T. Ch. Surya Rao, J.- The revision petitioners stand convicted by the learned XI Metropolitan Magistrate, Secunderabad by his judgment dated 19-7-1999 in C.C. No. 902 of 1998 for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to pay a fine of Rs. 25,000/ - by the 1st petitioner and to suffer simple imprisonment for one year and further to pay a fine of Rs. 25,000/ by the 2nd petitioner with the necessary default sentences. On appeal, the learned Additional Metropolitan Sessions Judge. Hyderabad by his judgment dated 26-6-2000 passed in Criminal Appeal No. 291 of 1999 while confirming the conviction modified the sentences of fine by sentencing each to pay Rs. 5,000/- instead of Rs. 25,000/-.

2. The 1st respondent herein laid a complaint against the revision petitioners under Section 138 of the Negotiable Instruments Act alleging inter alia that the 2nd accused being the Managing Director of the 1st accused company having purchased electrical and hardware material from the complainant-company under various purchase orders, and received the material under various invoices dated 28-6-1997, 2-7-1997, 7-7-1997, 10-7-1997, 11-7-1997 and 12-7

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