Pradhan Mercantile Pvt. Ltd. VS Virgin Apparels

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

H. B. PRABHAKARA SASTRY
Pradhan Mercantile Pvt. Ltd. – Appellant
Versus
Virgin Apparels – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:T.V. Vijay Raghavan, Advocate
For the Respondent:Geetha Menon, Advocate

ORDER

The present petitioner, as a complainant had filed a complaint under Section 200 of the code of Criminal Procedure, 1973 (hereinafter for brevity referred to as “the Cr.P.C.”) in C.C.No.25334/2010, against the present respondents, arraigning them as accused No.1 and accused No.2 respectively in the Court of the XIII Additional Chief Metropolitan Magistrate, Bangalore (hereinafter for brevity referred to as “the Trial Court”) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as “the N.I. Act”).

2. After holding a trial and recording the evidence led by both side, the learned Magistrate of the Trial Court, by her judgment of conviction and order on sentence dated 01-02-2013 convicted the accused No.1 and accused No.2 before her for the offence punishable under Section 138 of the N.I. Act and sentenced the accused No.2 to pay a fine of Rs.66,49,881/- and in default of the payment of the said fine amount, to undergo simple imprisonment for a period of one year.

Aggrieved by the same, the accused No.1 and accused No.2 in the Trial Court preferred Criminal Appeal No.103/2013, in the Court of the LII Additio