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2017 Supreme(Mad) 1629

N.AUTHINATHAN
Rungta Iron and Steel Pvt. Ltd. – Appellant
Versus
Y. Vasant Rao Sole Proprietor of M/s. Sharada Steels & Bearings Co. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Rajendra Prasad Tayal
For the Respondent: Mr.H.Mohamed Ghouse

JUDGMENT :

The complainant is the appellant.

2. This Appeal is directed against the order of acquittal dated 16.11.2015 in C.C.No.548 of 2013, on the file of the Fast Track Court-IV, Metropolitan Magistrate, George Town, Chennai - 600 001.

3. The appellant/complainant is a Company engaged in the business of trading and selling of Iron and Steel. The respondent is the Proprietor of 'M/s. Sarada Steels and Bearings Co.' He used to purchase goods for his Concern from the complainant on credit basis. He agreed to pay interest at the rate of 24% for payment made after 10 days from the date of invoice.

4. After giving credit to payments made by the respondent for the goods supplied by the complainant under various invoices Rs.14,99,439/- remained due and payable by him. The respondent has paid Rs.3,00,000/- by means of Cheque bearing No.2163. Thereafter, on 08.08.2012, he paid Rs.7,00,000/- by means of Demand Draft. A total sum of Rs.4,99,439/- was due from the respondent.

5. The respondent issued the post-dated cheque [bearing No.001906 dated 29.11.2012 for Rs.4,99,439/-] in question for the discharge of the said liability. After issuing the cheque, he sent a notice alleging that the complai













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