MADRAS HIGH COURT
K.VELLACHAMY MAHENDRAN – Appellant
Versus
VIMALA – Respondent
CRL RC 1184 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On
27.07.2023
Pronounced On
03.08.2023
Coram:
The Hon'ble Mrs.Justice R.HEMALATHA
Crl.R.C.Nos.1184, 1185 & 1186 of 2023
and Crl.M.P.Nos.9221, 9222 & 9224 of 2023
K.Vellachamy Mahendran
...Petitioner/Accused in all Crl.R.Cs
Versus
Vimala
...Respondent/Complainant in all Crl.R.Cs
Prayer in Crl.R.C.No.1184 of 2023:
This Criminal Revision Case is filed under Sections 397(1) & 401 of
Cr.P.C. praying to call for records and set aside the judgment dated
22.08.2022 passed in C.A.No.201 of 2020 on the file of the III Additional
District & Sessions Judge, Coimbatore confirming the order of conviction &
sentence passed in judgment dated 21.10.2020 in C.C.No.256 of 2018 on
the file of the Judicial Magistrate, Fast Track Court No.1 @ Magisterial
Level, Coimbatore and acquit him.
1/21
https://www.mhc.tn.gov.in/judis
Prayer in Crl.R.C.No.1185 of 2023:
This Criminal Revision Case is filed under Sections 397(1) & 401 of
Cr.P.C. praying to call for records and set aside the judgment dated
22.08.2022 passed in C.A.No.200 of 2020 on the file of the III Additional
District & Sessions Judge, Coimbatore confirming the order of conviction &
sentence passed vide judgment dated 21.10.2020 in C.C.No.255 of 2018 on
the file of the Judicial Magistrate, Fast Track Court No.1 @ Magisterial
Level, Coimbatore and acquit him.
Prayer in Crl.R.C.No.1186 of 2023:
This Criminal Revision Case is filed under Sections 397(1) & 401 of
Cr.P.C. praying to call for records and set aside the judgment dated
22.08.2022 passed in C.A.No.202 of 2020 on the file of the III Additional
District & Sessions Judge, Coimbatore confirming the order of conviction &
sentence passed vide judgment dated 21.10.2020 in C.C.No.257 of 2018 on
the file of the Judicial Magistrate, Fast Track Court No.1 @ Magisterial
Level, Coimbatore and acquit him.
For Petitioner
in all Crl.R.Cs
:
Mr.T.R.Sivaram
For Respondent
in all Crl.R.Cs
:
Mr.C.Arunkumar
2/21
https://www.mhc.tn.gov.in/judis
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
3/21
https://www.mhc.tn.gov.in/judis
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:
Sl.No.
Date
Invoice No.
Amount (in Rs.)
1
16.09.2017
013/17-18
Rs.3,04,735/-
2
19.09.2017
017/17-18
Rs.3,02,142/-
3
21.09.2017
018/17-18
Rs
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