IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Crl.O.P.No.17360 of 2024 in Crl.A.SR.No.28897 of 2024 M/s.Elfotech Electro Chemicals Ltd., Rep. by its Director, Mr.Kanaksurana, Factory Plot at No.84, Opposite PIPDIC, Industrial Estate, Kirumampakkam, Bahour Commune, Pondicherry. ... Petitioner Vs.

1.M/s.Jain Bro. Gas Refilling (P) Ltd., Head Office 92/3, Basant Balwant Market, Chaudhary More, G.T.Road, Gazhiabad, U.P., Rep. by its Managing Director. 2.Vinodkumar Jain @ V.K.Jain

3.Shashi Jain ... Respondents/A1 to A3 Prayer in Crl.O.P.No.17360 of 2024 : Criminal Original Petition filed u/s. 378(4) of the Code of Criminal Procedure, seeking to grant special leave to the petitioner/appellant to appeal from judgment and order of acquittal in C.C.No.128 of 2008 passed by the learned II Additional District Munsif at Puducherry (Conferred with the powers of the Magistrate).

Prayer in Crl.A.SR.No.28897 of 2024 : Criminal Appeal filed under Section 378 of the Code of Criminal Procedure Code, to set aside the acquittal order of the learned II Additional District Munsif at Puducherry (Conferred with the powers of the Magistrate) in C.C.No.128 of 2008 dated 22.12.2023 and convict the accused/respondents.

For Petitioner : Ms.Akshayaa Benjamin *****

ORDER

This Criminal Original Petition has been filed seeking to grant special leave to the petitioner to file an appeal against the impugned order passed by the learned II Additional District Munsif at Puducherry (Conferred with the powers of the Magistrate) in C.C.No.128 of 2008 dated 22.12.2023.

2. The case of the petitioner is that, he is the Director of M/s.Elfotech Electro Chemicals Ltd., which is manufacturing Calcium Carbide. The respondents 2 and 3/A2 and A3 are the Managing Directors of the 1^st respondent company/A1 and they were actively involved in the day-to-day affaris of the entire business of the said company and they are liable and responsible for the conduct and business activities of the company. Whileso, the 2^nd respondent being the Managing Director of the 1^st respondent company, towards the part payment of the due amount payable to the Electricity Department, Pondicherry for the month of November, 2005 and also for the due amount payable to the Central Excise Department and Sales Tax Department, Pondicherry payable for the month of December 2005, has issued a cheque to the petitioner/complainant for a sum of Rs.25,00,000/- vide cheque bearing No.084406 dated 15.12.2005 drawn on Bank of India, Gaziabad Branch, Gaziabad 601101 in favour of the petitioner. When the petitioner presented the cheque on 01.06.2006, the said cheque returned as dishonoured on 16.06.2006 for the reason 'Exceeds Arrangement' in the accused account. Thereafter, the petitioner had issued a legal notice dated 07.07.2006 to the respondents through RPAD and by courier service calling upon them to come forward to settle the due amount to be payable on the above said cheque within 15 days. The said notice sent to the 1^st respondent was served on 13.07.2006, however, the respondents 2 and 3 deliberately not received the said notice though due intimation was given by the postal authority. Therefore, a complaint was filed by the petitioner as against the respondents for an offence u/s 138 of the Negotiable Instruments Act (in short 'the N.I. Act') before the trial court in C.C.No.128 of 2008. While so, after trial, the Court below had dismissed the said complaint filed by the petitioner by acquitting the respondents. Aggrieved over the same, the petitioner preferred the present petition seeking to grant special leave to prefer an appeal against the said order dated 22.12.2023 in C.C.No.128 of 2008.

3. Learned counsel for the petitioner submitted that the trial court acquitted the respondents/accused solely on the ground that there was a material alteration in the cheque/Ex.P.3. She also submitted that the alteration is only in respect of part portion of the