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2018 Supreme(Mad) 4026

M.V.MURALIDARAN
Nepal Board Ltd, Represented by Regional Manager (South) – Appellant
Versus
Sre Ganesh Plywoods, Represented by its Managing Partner – Respondent


Advocates Appeared:
For the Appellant : K.F. Manavalan
For the Respondents: S. Natana Rajan

JUDGMENT :

1 This Criminal Original Petition is directed against the Order of Acquittal made in C.A.No.219 of 2007 by the learned II Additional Sessions Judge, Chennai, reversing the Judgment of Conviction made by the learned XVI Metropolitan Magistrate, George Town, Chennai convicting and sentencing the respondent herein for an offence under Section 138 of N.I. Act on a complaint filed under Section 200 Cr.P.C. by appellant herein.

2. The appellant’s case is that their company was engaged in manufacturing and selling of Plywood and allied products throughout India through branches and dealers network. The 1st respondent is one such dealer entrusted with Thiruchirapalli District to sell their products. In their business transaction goods were dispatched in various dates by the respondent and the same was in due towards payment of goods delivered by the appellant. In view of payment the respondent issued two cheques dated 08.03.2004 and 12.03.2004 bearing No. 022105 and No. 022104 for Rs.84,984/- and Rs.88,000/- respectively. However as the said cheques were dishonored by the bank holding ‘payment stopped by the drawer’’ a statutory notice was issued on the respondent calling upon him






















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