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2015 Supreme(Mad) 2126

S.NAGAMUTHU
Veera Constructions, represented by its Managing Director – Appellant
Versus
R. Karthick – Respondent


Advocate Appeared:
For the Petitioners:N. Ananthapadmanaban for N. Mohan, Advocates
For the Respondent:B. Jameelarasu, Advocate

JUDGMENT :

1. The petitioners are the accused in STC No.1978 of 2007 on the file of the learned Judicial Magistrate No. III, Trichy. The first accused is a Company, the 2nd accused is its Managing Partner and the third accused is a partner of the said Company. The respondent filed the said case by way of private complaint alleging that the petitioners committed offences punishable under Section 138 of the Negotiable Instruments Act. The trial Court by judgment dated 29.02.2012, found the accused guilty under Section 138 of the Negotiable Instruments Act and sentenced the first accused to pay a fine of Rs.1,000/-, in default, to attach the properties of A1 and sentenced the accused 2 and 3 to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for one month. Challenging the said conviction and sentence, the appellants filed appeal in CA No.24 of 2012. By judgment dated 26.06.2013, the III Additional District and Sessions Judge, Trichy, dismissed the appeal thereby confirming the conviction and sentence imposed by the trial Court. As against the same, the petitioners are before this Court with this revision.

2. The c













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