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2018 Supreme(Mad) 3260

M.NIRMAL KUMAR
MADRAS CEMENTS LIMITED – Appellant
Versus
S. BALASUBRAMANIAM – Respondent


Advocates:
Advocate Appeared:
V. Venkadasalam, Adv.

JUDGMENT

M. NIRMAL KUMAR, J.

1. This appeal is filed against the judgment dated 11.10.2007 made in C.A.No.16 of 2007 passed by the learned IV Additional Sessions Judge, Chennai after reversing the trial Court judgment dated 22.12.2006 made in C.C.No.6248 of 2002 rendered by the learned XVI Metropolitan Magistrate, George Town, Chennai for the offence under Section 138 of the Negotiable Instruments Act, convicting the respondent/accused and sentenced to undergo three months Simple Imprisonment and to pay a fine sum of Rs. 2,50,000/- [Rupees two lakh fifty thousand only] as compensation to the complainant within one month in default to undergo one month Simple Imprisonment. The lower appellate Court set aside the judgment of the trial Court and acquitted the respondent/accused, against which, the above appeal has been filed by the appellant.

2. The gist of the case is that, the appellant had filed a private complaint for offence under Section 138 of the Negotiable Instrument Act, against the respondent/accused herein. The appellant is a Cement Manufacturing Company and the respondent is one of the dealer of the appellant company used to purchase cements from the appellant company on cre























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