COMMON ORDER

These criminal revision cases have been filed by the petitioner seeking to set aside the judgment dated 22.08.2022 passed by the learned III Additional District & Sessions Judge, Coimbatore in C.A.Nos.201, 200 & 202 of 2020 respectively, confirming the order of conviction & sentence passed by the learned Judicial Magistrate, Fast Track Court No.1 @ Magisterial Level, Coimbatore vide judgment dated 21.10.2020 in C.C.Nos.256, 255 & 257 of 2018 respectively and acquit him.

2. The petitioner in these cases is an accused. The respondent/complainant filed a private complaint under Section 200 of Cr.P.C against the present revision petitioner/accused for an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'NI Act').

3. The case of the respondent/complainant in a nutshell is as follows:

The respondent/complainant is carrying on business in dealing with different types of kraft papers under the name and style of “Vimala Packaging” for the past several years. The respondent/complainant authorized her husband Mr.Prakash Chand as Power of Attorney to file a complaint and give evidence against the petitioner/accused by way of Power of Attorney dated 03.03.2018. The petitioner/accused, Proprietor of M/s.Akshaya Traders approached the respondent/complainant and placed an order for supplying kraft papers on credit basis. The respondent/complainant also accepted the order of petitioner/accused and supplied goods on credit basis as detailed hereunder:

3.1. Though the petitioner/accused purchased the goods, failed to pay the total amount of Rs.18,90,507/- for the above invoices. On repeated demands made by the respondent/complainant, the petitioner/accused issued 9 Cheques drawn on Equitas Bank, Theni – Periyakulam Branch, Theni towards discharge of partial liability and also, assured to honour the same on presentation for collection. The details of 9 Cheques issued by the petitioner/accused are as follows:

3.2. The balance amount payable by the petitioner/accused was Rs.9,90,507/-, out of which, the petitioner/accused paid a sum of Rs.6,25,000/- by way of Cheque and RTGS on different dates to the respondent/complainant. Those payment details are given below:

3.3. As per the instructions of the accused, the respondent/complainant presented the following cheques for collection on 25.01.2018 with her banker viz., Karur Vysya Bank, Main Branch, Coimbatore.

However, the above cheques were returned for the reason, “Insufficient Funds” on 29.01.2018.

3.4. Thereafter, the respondent/complainant issued a Legal Notice dated 07.02.2018 (Ex.P8) to the petitioner/accused and the same was received by the petitioner/accused on 12.02.2018. After receiving the legal notice, the petitioner/accused sent