JUDGMENT

M. V. Muralidaran, J.—This Criminal Appeal is filed by the appellant/complainant against the order of acquittal passed by the learned IInd Metropolitan Magaistrate, Egmore, Chennai dated 31.10.2008 made in C.C.No.155 of 2007.

2. Breif case of the appellant:

The complainant company JAY AR Enterprises is a partnership firm. The appellant/accused M/s.Scrapt Traders are dealers in ferrous non ferrous and M.S.C.I. Rooling Scraps and Electrical Goods. Air conditioning plant, Machinery item jute and Hessian Baga etc and interest to procure iron ore fines for the purpose of exporting to overseas countries and for that purpose, the complainant paid Rs.50,00,000/-that the iron ore fines was not of expected quality, the arrangement made with the complainant and the appellant/accused was broken and the appellant/accused has released position and the appellant/accused agreed to send the amount of Rs.50,00,000/-to the complainant as such the appellant/accused has chosen to issue the cheque bearing No.169002 dated 10.4.2006 drawn on State Bank of India, Subodh mullick square, Kolkkotta towards the return of the amount. The said cheque was presented for realization in the complainant bank