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2014 Supreme(SC) 1003

RANJANA PRAKASH DESAI, N.V.RAMANA
S. Natarajan – Appellant
Versus
Sama Dharman – Respondent


Advocates Appeared:
For the Appellant :Padmanand, R. Chandrachud, Ms. Jyoti Prashar, Advocates.
For the Respondent:M.P. Parthiban, Ishaan George, Sumit Kumar Siddharth, S. Gowthaman, Advocates.

JUDGMENT

1. Leave granted.

2. The appellant is the complainant in C.C. No.250 of 2011. It is his case that on 6/5/2006, the respondents/accused had received a sum of Rs. 49,000/- from him. On 4/7/2006, they have received a further sum of Rs. 1,00,000/-. On the same day, they received another sum of Rs. 1,00,000/-. It is further the case of the appellant that on 11/1/2007, the accused have received Rs. 50,000/- and subsequently they have received Rs. 1,000/-. Thus, according to the complainant, a total sum of Rs. 3,00,000/- has been received by the accused. According to the appellant, to discharge the said debt, accused No.1 gave a cheque dated 1/2/2011. The appellant presented the said cheque for payment through his bank on 2/2/2011. The said cheque was dishonoured on the ground that the accused did not have sufficient funds in their account. A copy of the Memorandum dated 12/2/2011 issued by the Karur Vysya Bank Limited is on record at Annexure P-1.

3. Inasmuch as the said cheque was dishonoured, the appellant issued Notice dated 2/3/2011 to the accused calling upon them to pay the cheque amount of Rs. 3,00,000/- within 15 days. The accused replied to the said notice contending that









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