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2018 Supreme(Mad) 2753

R.PONGIAPPAN
Colormax – Appellant
Versus
Good Luck Dyers – Respondent


Advocates Appeared:
For the Appellant : N. Manokaran
For the Respondent: T. Gowthaman

JUDGMENT

R. Pongiappan, J.

1. This Criminal Appeal is directed against the judgment rendered by the learned Principal Sessions Judge, Erode, in Crl. A. No. 82 of 2010 dated 30.06.2010, wherein, he allowed the appeal filed by the respondents and set aside the conviction and sentence passed by the learned Judicial Magistrate No. I, Erode in C.C. No. 396 of 2007 dated 20.10.2008.

2. The case of the appellant/complainant in the Trial Court is as follows:

2.1. The appellant/complainant was doing dyes business under the name and style of "M/s. Colormax". The first respondent is the Partnership Firm, in which, the respondents 2 and 3 are the partners. The respondents had purchased dyes from the appellant on credit basis under various bills from November 2006 to May 2007. In the course of business transaction, the respondents have to pay a sum of Rs. 10,66,230/- to the appellant.

2.2. In order to discharge the said liability, the respondents had issued 24 cheques totalling to Rs. 10,28,270/- and all the cheques were contained various dates. With regard to this case, the cheques [(i) Cheque No. 032658 dated 24.02.2007 for Rs. 30,000/-, (ii) Cheque No. 032659 dated 28.02.2007 for Rs. 20,325/-, (i


















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