B.Subramani v. The Central Agricultural And Allied Farmers Co Operative Limited

Crl.O.P.No.26196 of 2023 Crl.O.P.No.26196 of 2023 in Crl.A.SR.No.55729 of 2023 M. NIRMAL KUMAR , J.

This petition is filed seeking to grant leave to the petitioner to file the above appeal.

2.The petitioner as complainant had lodged a private complaint against the respondents for dishonour of cheque/Ex.P1. According to the petitioner/complainant, the respondents herein, who are office bearers of Central Agricultural and Allied Farmers Co-operative Limited, issued a cheque in discharge of their liability for supply of tea leaves. The respondents issued cheque from their sister concern, namely, Pioneer Electronics Systems Private Limited, which fact has been admitted by one Ajesh, who had given a letter, which has been marked as Ex.P3. The Trial Court not considered the evidence and material produced by the petitioner in the right perspective and dismissed the complaint and acquitted the accused for the reason that the cheque was issued by Pioneer Electronics Systems Private Limited and they have not been arrayed as an accused instead it is the Central Agricultural and Allied Farmers Co-operative Limited, who have been shown as an accused. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.26196 of 2023 M. NIRMAL KUMAR , J.

rsi 3.According to the learned counsel for petitioner, this finding is perverse. Referring to Ex.P3 submitted that issuance of cheque was not disputed by the respondents. Further, referring to the judgment of Hon'ble Apex Court in the case of Anil Sachar and another vs. Shreenath Spinners Private Limited and others reported in (2011) 13 SCC 148, wherein the Hon'ble Apex Court in Paragraph 19, 20 and 21 held that in discharge of debt or liability incurred by one company, cheques can be issued by a sister concern. 4.Finding reason and force in the petitioner's submission, this Court is inclined to grant leave. Accordingly, leave is granted. 20.11.2023 Note: Registry is directed to number the Criminal Appeal, if it is otherwise in order.

rsi Crl.O.P.No.26196 of 2023 in Crl.A.SR.No.55729 of 2023 https://www.mhc.tn.gov.in/judis 2/2