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2004 Supreme(AP) 1309

C.Y.SOMAYAJULU
L. Parveen Kumar – Appellant
Versus
Sri Balaji Onion Co. – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) HEARD the learned counsel for the petitioners. No representation on behalf of 1st respondent, though served.

( 2 ) SINCE parties to these petitions are the same and since common questions of law and fact arise in these cases, they are being disposed of by a common order.

( 3 ) FIRST respondent filed private complaints against the petitioners and M/s. Vijaya Traders (A-1) alleging that in connection with the business transactions between it and A-1, petitioners stood surety for the amounts due and payable by A-1, and for the amounts due to it, A-1 gave cheques drawn on the syndicate Bank, Malakpet, Hyderabad, which when presented for payment were returned with endorsements account closed and that in spite of statutory notices under section 138 (b) of the Negotiable Instruments act, 1881 (the Act), being sent to A-1 and the petitioners, they failed to pay the amount covered by the dishonoured cheques and, so, A-1 and the petitioners are liable for punishment under Section 138 of the Act.

( 4 ) AFTER recording the sworn statements of a partnerof the first respondent-firm, which is the complainant in these cases, the learned magistrate took cognizance of the





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