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.

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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

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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

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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