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2018 Supreme(Mad) 4209

R.PONGIAPPAN
Innovative Enterprises – Appellant
Versus
Steel and Tubes Syndicate – Respondent


Advocates Appeared:
For the Appellants : Mr. J. Jaseem Mohammed.
For the Respondents: Mr. P.V. Sanjeev.

JUDGMENT :

R. PONGIAPPAN, J.

1. The complainant in C.C.No.3788 of 2001 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai, is the appellant herein. By a judgment dated 18.10.2006, the learned Magistrate convicted the respondents/accused under section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as "N.I. Act"] and sentenced the second respondent to undergo simple imprisonment for 6 months with a fine of Rs. 5,000/- each, in default to undergo further period of 2 months simple imprisonment.

2. Aggrieved over the said conviction, the accused prepared an Appeal [in Crl.A.No.301 of 2006] before the learned V Additional Sessions Judge, Chennai, wherein he reversed the verdict of conviction and acquitted the respondents/accused. As against the order of acquittal dated 24.10.2009, the complainant has preferred the present Appeal.

3. The facts leading to the present Appeal may be stated briefly: The appellant [complainant] is a partnership firm carrying on the business in Galvanized Steel Tubes, Pipes, Pipe Fittings and other allied products. On behalf of the first accused firm [first respondent], the second accused [second respondent] in the cap


























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