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2014 Supreme(Online)(Mad) 112

MADRAS HIGH COURT
C.PONNUSAMY – Appellant
Versus
CHINNAMMAN CONSTRUCTIONS – Respondent


Advocates:
['M/S T GOWTHAMAN', '', 'G ARUL MURUGAN', 'M/S N MANOKARAN', '', 'D GOPAL']

Judgment

The Appellant/Complainant has focused the present Criminal Appeal as against the judgment of acquittal in C.C.No.182 of 2006 dated 02.07.2009 passed by the Learned District Munsif-cum-Judicial Magistrate, Kodumudi.

2. The trial Court while passing the impugned judgment in C.C.No.182 of 2006 on 02.07.2009 had inter alia observed that '. . .the Appellant/Complainant's complaint was barred by limitation, the complaint was not filled fulfilling the requirements of Section 141, the charge in respect of R1/A1, R2/A2 and R3/A4, on the basis of Appellant/Complainant's witnesses and documents were not proved beyond reasonable doubt and found the accused not guilty under Section 138 (4) r/w 142 of the Negotiable Instrument Act and acquitted them under Section 255(1) of the Criminal Procedure Code. Since the 3rd Accused had expired, the trial Court held that the charge against him stood abated.'

3. The summary of complaint filed by the Appellant/Complainant:

The case of the Appellant/Complainant is that the 1st Respondent/A1 is a Partnership firm doing civil contract works. The Accused 2 to 4 are its partners and responsible for the day to day affairs of the 1st Respondent/A1 firm. The 2

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