CRL A Nos.1011, 1012, 1014, 1015 and 1016 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2022

Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Criminal Appeal Nos.1011, 1012, 1014, 1015 and 1016 of 2022

United Steel Corporation

The Partnership Firm Carrying it's Business

is registered before the Government of Tamil Nadu

in the Registrar of Firms in (REG No.528/2014)

Having it's registered office at

No.60, Mugappair Road

Padi, Chennai- 600 050

Represented by its Manager & Power Attorney;

Sanjay Modi

Manager

United Steel Corporation

No.60, Mugappair Road

Padi, Chennai – 600 050

... Appellant in all Criminal Appeals

Vs.

1. GNT Engineering Works

Represented by its Proprietor

G.N.Thangadurai

No.18, Bharathiyar Street,

Srinivasa Nagar, Padi

Chennai-600 050

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CRL A Nos.1011, 1012, 1014, 1015 and 1016 of 2022

2. Plant-II Address:-

GNT Engineering Works (PLANT-II)

Represented by its Proprietor

G.N.Thangadurai

No.71, SIDCO Industrial Estate

Kakkalur, Thiruvallur – 602 003

(Thiruvallur District)

... Respondents in all Criminal Appeals

Common Prayer : Criminal Appeal filed under Sections 378 of Criminal

Procedure Code, praying to call for the records from the file of the learned

Judicial Magistrate, Fast Track court, (Magisterial Level) Ambattur,

Thiruvallur District in C.C.Nos.81 to 85 of 2019 and sentence the

accused/respondent to imprisonment and pay compensation to the

appellant/complainant and set aside the acquittal Judgment/order passed

by the Judicial Magistrate, Fast Track Court (Magisterial Level),

Ambattur, Thiruvallur District in C.C.Nos.81 to 85 of 2019 on

19.04.2022 and punish the accused under Section 138 of Negotiable

Instruments Act.

in all Criminal Appeals

For Appellant

: Mr.R.Muthukumar

For Respondents

: Mr.R.Thanigai Arasu

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CRL A Nos.1011, 1012, 1014, 1015 and 1016 of 2022

COMMON JUDGMENT

These Criminal Appeals have been filed seeking to set aside the

Judgment of acquittal passed by the learned Judicial Magistrate, Fast

Track Court (Magisterial Level), Ambattur, Thiruvallur District in

C.C.Nos.81 to 85 of 2019 dated 19.04.2022 and punish the accused

under Section 138 of Negotiable Instruments Act.

2. The appellant company is the complainant. The appellant filed

five private complaints against the respondents company under Section

200 Cr.P.C. for the offence under Section 138 of the Negotiable

Instruments Act before the learned Judicial Magistrate Fast Track Court,

(Magistrate Level) Ambattur, Thiruvallr District. The said complaints

were taken cognizance in C.C.Nos.81 to 85 of 2019.

3. Before the trial Court, in order to prove the case of the

complainant, on the side of the complainant, the complainant was

examined as P.W.1 and 10 documents were marked as Ex.P.1 to Ex.P.10

in each case. On the side of the respondent, no oral evidence was let in

however, 5 documents were marked as Exs.D1 to D.5 in each case. The

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CRL A Nos.1011, 1012, 1014, 1015 and 1016 of 2022

trial Court, after hearing both sides, dismissed the complaints by order

dated 19.04.2022 and acquitted the respondents. Aggrieved over the said

Judgment of acquittal, the complainant has filed the present appeals

before this Court.

4. The specific case of the complainant is that the complainant had

supplied steel materials to the accused on various dates for a total worth

of Rs.30,73,099/- and accused repaid a sum of Rs.2,39,787/- to the

complainant and there was outstanding of Rs.28,33,312/- and in order to

repay the said amount, the accused had issued 5 cheques for a sum of

Rs.24,33,312/- as stated below;

S.No. Cheque

No.

Date of

Cheque

Amount

Case No.

1

412375 10.01.2019 Rs.5,00,000/-

C.C.No.81 of 2019

2

412374 10.01.2019 Rs.5,00,000/-

C.C.No.82 of 2019

3