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2015 Supreme(Mad) 3695

MADRAS HIGH COURT
A. Selvam, J.
Sree Gokulam Chit & Finance Co.(P) Ltd. - Petitioner
Versus
S. Shanthi – Respondent
Criminal Appeal Nos. 12 to 14 of 2007
Decided on : 20-11-2015

Advocates:
Advocate Appeared:
For the Appellant :L. Rajasekar, Advocate.
For the Respondent:B. Kumarasamy, Advocate.

Headnote:

Negotiable Instruments Act, 1881 - Section 138 – Offence of Dishonored of cheque - Orders of acquittal – Appeal against Acquittal - Accused is one of subscribers of chit group Value of Chit amountand same should be paid in twenty instalments - Accused has become successful bidder - But she has become irregular in paying amount - Under said circumstances, she is liable to pay a sum of Rs. 38,50 to complainant - In order to discharge her liability she has given cheque, in question and same has been put into concerned Bank - Concerned Bank has returned same stating funds insufficient and subsequently, a statutory notice has been issued to accused and she evaded its service - Held, Some contra evidence have been let in on side of accused for purpose of showing discharge - Since on side of accused, some contra evidence have been let in for purpose of showing discharge, Court can easily come to a conclusion that complainant has not established alleged fact that all cheques have been issued in connection with enforceable debts - If really, such debts are in existence, definitely some documents would be available - But complainant has not filed any document for purpose of showing existing liability of accused - Therefore, even assuming without conceding that all complaints have been properly filed, since on side of complaint it has not been positively established that cheques, in question have been issued in connection with enforceable debts, it is needless to say that accused cannot be mulcted with liability - Trial Court after considering overall evidence available on record has rightly dismissed all complaints - This Court has not found any error or illegality in orders passed by Trial Court - Criminal appeals deserves to be dismissed.

JUDGMENT :

A. Selvam, J.

These criminal appeals have been directed against the orders of acquittal passed in Calendar Case Nos. 192 of 2006, 746 and 981 of 2005 by the Judicial Magistrate No. II, Coimbatore.

2. The appellant herein, as complainant has filed three complaints under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act' in short) on the file of the Trial Court and the same have been taken on file in Calendar Case Nos. 192 of 2006, 746 and 981 of 2005, wherein the present respondent has been shown as sole accused.

3. The material averments made in the complaint filed in C.C. Nos. 192 of 2006 are that the complainant is a Private Limited Finance Company. The accused is one of the subscribers of the chit group No. G2E 07 vide ticket No. 10 and 15. The value of Chit is Rs. 1,00,000/-(Rupees One lakh only) and the same should be paid in twenty instalments. The accused has become successful bidder. But she has become irregular in paying amount. Under the said circumstances, she is liable to pay a sum of Rs. 38,500/-(Rupees Thirty eight thousand five hundred only) to the complainant. In order to discharge her liability she has given the cheque, in question and the same has been put into concerned Bank. The concerned Bank has returned the same stating 'funds insufficient' and subsequently, a statutory notice has been issued to the accused and she evaded its service. Under the said circumstances, the present complaint has been filed for getting the relief sought therein.

4. The material averments made in the complaint filed in Calendar Case No. 746 of 2005 can be stated like thus:

The complainant is a Private Limited Finance Company. The accused is one of its subscribers in Chit Group G2E 07 vide ticket No. 10 and 15. The value of the Chit is Rs. 1,00,000/- (Rupees One lakh only) and its monthly subscription is Rs. 5,000/-(Rupees Five thousand only). The accused has become successful bidder. But she has not paid the entire amount and therefore, she is bound to pay Rs. 35,000/-(Rupees Thirty five thousand only) to the complainant. In order to discharge her liability, she has given the cheque, in question and the same has been put into the concerned Bank and the Bank has returned the same stating 'funds insufficient' and subsequently, a statutory notice has been issued and even on receipt of the notice, the accused has not discharged her liability. Under the said circumstances, the present complaint is filed for getting the relief sought therein.

5. The material averments made in the complaint filed in C.C. No. 981 of 2005 can be stated like thus:

The complainant is a Private Limited Finance Company. The accused is one of its subscribers. The value of the chit is Rs. 1,00,000/- with 20 months' duration. The accused has become successful bidder. But she is not regular in paying instalments. Under the said circumstances, she is bound to pay Rs. 35,000/- and in order to discharge her liability, she has given the cheque, in question and the same has been put into the concerned Bank and the Bank has returned the same stating 'funds insufficient' and subsequently, a statutory notice has been issued and even after receipt of the same, she has not discharged her liability. Under the said circumstances, the present complaint has been filed for getting the relief sought therein.

6. The Trial Court after considering the available evidence in each case has dismissed all cases. Against the orders of dismissal, these criminal appeals have been filed at the instance of the complainant, as appellant.

7. Since common questions of law and facts are involved, common order is passed.

8. The consistent case put forth on the side of the complainant is that the respondent/accused is one of the subscribers and she has become successful bidder of chits mentioned in the complaints and in order to discharge her liability she has given the cheques, in question and the same have been put into concerned Bank. But the concerned Bank has returned the same sta























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