Madras High Court
Badri Narayanan vs M/S.Meghraj International on 19 April, 2023
Crl.R.C.No.421 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.04.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.R.C.No.421 of 2020
and
Crl.M.P.No.3337 of 2020
Badri Narayanan
S/o.Ramalingam
Proprietor : Shri Narayana Agency,
N.S.Complex, II Floor,
No.210, Salem Road,
Opp : ING Vysya Bank,
Namakkal – 637 001. .... Petitioner
Vs
M/s.Meghraj International
A Firm registered under
Indian Partnership Act,
Represented by Special Power Agent,
Tarun Goyal,
No.87, Bhamshah Nagar,
Hariyana, Hariyana State
Office at Shop No.168,
New Araj Mandi,
Hisar, Haryana. .... Respondent
1/8
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.421 of 2020
PRAYER : Criminal Revision Case has been filed under sections 397
read with 401 of Criminal Procedure Code to call for the entire records in
so far relates to order passed by the Principal Sessions Judge, Namakkal,
Namakkal District in C.A.No.40 of 2019 dated 28.11.2019 whereby
confirming the order passed in C.C.No.72 of 2015 dated 27.08.2019 on
the file of Judicial Magistrate I, Namakkal, Namakkal District and set
aside the same.
For Petitioner : M/s.R.Hemalatha
For Respondent : Mr.C.D.Johnson
ORDER
This Criminal Revision Case is filed by the accused who
was found guilty for issuing a cheque for a sum of Rs.5,00,000/- to
discharge his liability but failed to honour the cheque.
2. The Trial Court convicted the petitioner and the
Appellate Court has confirmed the conviction and sentence of six months
Simple Imprisonment and compensation of Rs.5,00,000/-, in default two
months Simple Imprisonment.
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Crl.R.C.No.421 of 2020
3. The case of the complainant is that he and the accused
were in trade of Poultry Feeds and the suppliers. He has sold the poultry
feeds on credit basis with the accused. As on 20.12.2014, a sum of
Rs.16,62,000/- is due and payable by the accused. The accused gave a
cheque for Rs.5,00,000/- drawn at Indian Bank, Namakkal Branch dated
19.11.2014, to discharge of part payment of his liability. The cheque was
presented for collection through the complainant bank on 24.11.2014.
The said cheque returned with an endorsement "funds insufficient" On
receipt of the memo along with the returned cheque, a statutory notice
dated 20.12.2014 was issued to the accused. The accused received the
notice on 26.12.2014 but failed to reply. Therefore, the complaint under
Section 138 of Negotiable Instruments Act was filed.
4. To prove the complaint, the complainant has examined
P.W.1 and 15 documents were marked. On the side of the defence,
neither oral nor documentary evidence filed. As per the testimony of
P.W.1, who is the special power of attorney, to the complainant he has
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Crl.R.C.No.421 of 2020
spoken about the trade transaction between the complainant and the
respondent and over due of Rs.16,62,000/-, for which the subject cheque
marked as Ex.P6 was issued by the accused towards discharge of part of
his liability. Though the accused has pleaded that the said cheque was
given as an advance for the goods purchased and having found goods
were defective, compromise was arrived between the complainant and
the accused in the DCB Police, Namakkal, wherein the complainant
accepted to adjust the entire loan towards the advance paid earlier.
However, he has used the blank cheque and presented it for collection.
This defence was not found favour by the Courts below and rejecting the
said defence, the accused was convicted. Being aggrieved by the
concurrent findings, the present revision petition is filed.
5. The learned counsel appearing for the revision petitioner
submitted that the accused has probabilised his defence by
preponderance of probability and he was prevented from putting forth
the defence positively at the time of trial since she met with an accident
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Crl.R.C.No.421 of 2020
and filed an application under Section 311 Cr.P.C to recall witnesses and
the same was rejected by the Trial Court.
6. Point for consideration is whether the Trial Court failed
to appreciate the defence of the accused and whether the said defence
falls within the meaning of preponderance of probability.
7. 15 documents relied upon by the complainant to show
that Ex.P6 cheque was issued towards the discharge of liability. Three
invoices raised in the name of Shri Narayana Agency owned by the
accused are marked as Ex.P10 series. Ex.P3, P4 and P5 were the Forms
A, B and C of commercial department accompanied with the goods sent
for delivery. The lorry freight charges and weigh bridge bills were
marked as Ex.B12 and Ex.B13. The evidence let in by the complainant
clearly proves the fact that the goods worth more than Rs.5,00,000/- has
been delivered to the accused firm “Shri Narayana Agency”, Namakkal.
There is no piece of evidence to show that the goods were defective as
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Crl.R.C.No.421 of 2020
claimed by the learned counsel appearing for the appellant. Having
taken delivery of the goods during the month of June, 2009 and
November, 2009, for a long time the accused has not discharged the debt
and it appears that there was mutual open running account between the
accused and the complainant for the goods sold and delivered. In the
said circumstances the subject cheque Ex.P6 has been given to discharge
part of his liability and the same ought not to have been dishonoured for
want of fund.
8. On perusing the Judgment of the Courts below and
records, this Court finds that there is no error in the finding of the Courts
below. Hence, this Criminal Revision Case is dismissed. The conviction
and sentence imposed by the Trial Court is confirmed. Consequently,
connected miscellaneous petition is closed.
19.04.2023
Internet : Yes/No
Index: Yes/No
Lpp
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Crl.R.C.No.421 of 2020
To
1. The Principal Sessions Judge, Namakkal.
2. The Judicial Magistrate No.I, Namakkal.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.421 of 2020
Dr.G.JAYACHANDRAN, J.
Lpp
Crl.R.C.No.421 of 2020
and
Crl.M.P.No.3337 of 2020
19.04.2023
https://www.mhc.tn.gov.in/judis
