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TMI Blog2018 (9) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... ence was let in on the side of the Respondent/Accused, then it cannot be considered that the cheques in dispute were obtained by using force or in the police custody - Here in the instant case no explanation is offered by the Accused as to for what purpose he issued four cheques and for what purpose one cheque alone was allowed to get honored and the other cheques were allowed to get dishonored. The judgment of the learned Trial Court is set-aside and the Respondent/Accused is convicted for the offence under Section 138 of the Negotiable Instruments Act and ordered to undergo a simple imprisonment for a period of one year and to pay fine a sum of ₹ 10,000/- in default to undergo a simple imprisonment for a period of 1 month - appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... served. Hence, the Appellant filed his complaint under section 142 of the Negotiable Instruments Act for the commission of offence punishable under section 138 of Negotiable Instruments Act. 3.During the trial on the side of complainant, three witness were examined and Exhibits P1 to P15 were marked, at the same time on the side of Respondent/Accused, 2 witness were examined and Exhibits D1 to D7 were marked. 4.The specific case of Appellant/Complainant is that the Respondent/Accused is the former Managing Director of company and when he served in the company, he involved in a misappropriation to the tune of ₹ 20,00,000/-. In this regard a complaint was lodged with the Deputy Commissioner of Police, T.Nagar, Chennai. The said co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned, it has to be considered as the Respondent/Accused had knowledge about the demand notice. So, it is a deemed service. Unfortunately the learned Trial Court has miserably failed to appreciate the delivery of intimation by the postal authority and held that the service of statutory notice was incomplete. 6.Apart from that though the Appellant/Complainant proved that the cheques in dispute were issued in discharge of legally enforceable debt that was not considered but doubted the case of the Appellant/Complainant as the cheques were returned as unpaid not on the ground of insufficiency of fund but on the ground of payment stopped by the drawer . The learned Magistrate has failed to consider though the cheques were returned as unpa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mar, Legal Aid counsel for the respondent and the materials available on records are perused. 9.It is the admitted fact that the Respondent/Accused was the former Managing Director of the complainant company. The reason adduced in the complaint and it is the case of complainant also that since the Respondent/Accused involved in misappropriation, police complaint was lodged and the same was registered in Crime No. 482 of 2013. However, though it is contended that the cheques in dispute were obtained in the police enquiry, the evidence of DW-1 has not in that line and he has not stated that the cheques in dispute were handed over during the police enquiry or out of the police enquiry. When no such evidence was let in on the side of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discussion, the judgment of Trial Court in C.C.No.519 of 2004 is required interference. Accordingly the judgment of the learned Trial Court is set-aside and the Respondent/Accused is convicted for the offence under Section 138 of the Negotiable Instruments Act and ordered to undergo a simple imprisonment for a period of one year and to pay fine a sum of ₹ 10,000/- in default to undergo a simple imprisonment for a period of 1 month. The respondent/accused is also directed to pay compensation of ₹ 15,00,000/- to the appellant/complainant. Accordingly the appeal succeeds and allowed. The Tamil Nadu State Legal Services Authority, High Court Buildings, Chennai-600 104 is directed to pay a sum of ₹ 3,000/- to Mr.K.Sasiku ..... X X X X Extracts X X X X X X X X Extracts X X X X
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