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2012 Supreme(Mad) 4902

B.RAJENDRAN
Vadivel Sizing and Weaving Mills (P) Limited rep. by its M. D. , S. P. Saminathan Arulpuram, Tirupur – Appellant
Versus
Fenner (India) Limited Textile Division, Junction Main Road, Ideal Garden Complex, Salem rep. by its power of attorney holder C. Ravichandran – Respondent


ADVOCATES APPEARED:
S. Mouli, for Petitioners S. Kalyanaraman, for Respondent

ORDER

1. The respondent herein filed C.C. Nos. 412, 413, 485, 486 and 647 of 1999 on the file of Judicial Magistrate No. 2, Salem against the petitioners herein under Section 138 of the Negotiable Instruments Act. After conclusion of trial, the trial Court convicted the petitioners under Section 138 of the Negotiable Instruments Act and sentenced them to pay a fine of Rs. 2,500/-, in default to undergo simple imprisonment for a period of six months and also directed the petitioners to pay compensation of Rs. 4,32,730/-, Rs. 45,895/-, Rs. 4,06,709/-, Rs. 2,39,736/- and Rs. 2,35,036/- being the cheque amount as contemplated under Section 357(3) of Cr.P.C. Aggrieved by the conviction and sentence imposed on them, the petitioners have filed Crl. A. Nos. 64, 65, 66, 67 and 68 of 2004 on the file of the Additional District and Sessions Judge-cum-Fast Track Court No. 2, Salem and by judgment dated 12.9.2008, the first appellate Court, while upholding the conviction imposed on the petitioners under Section 138 of the Negotiable Instruments Act, modified the sentence to pay only the cheque amount in the respective cases within two months, failing which to undergo simple imprisonment for a pe























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