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1998 Supreme(AP) 335

AVINASH SOMAKANT BHATE
NAGARJUNA FINANCE Ltd. , HYDERABAD PETITIONER – Appellant
Versus
Kanosika Laboratories Ltd. , (In liquidation) Hyderabad, rep. BY THE OFFICIAL LIQUIDATOR – Respondent


( 1 ) THESE fivecompany Applications are beingdisposed of bya common order as all the applications are for the same purpose.

( 2 ) FACTS in C. A. No. 591 of 1997 may be stated for purpose of understandingthe nature of application.

( 3 ) THE petitioner-company is a Company registered under the Companiesact, 1956 (hereinafter referred to as the Companies Act ). In course of its business, respondent No. 1-company approached the petitioner and obtained a Diesel Generator on Hire Purchase Agreement on 28-2-1994. As per agreement the cheques issued by the respondent-company towards various instalments, when presented by the petitioner-company,, were returned dishonoured, because respondent No. 1-company had issued instructions to the Banker to stop payment. The petitioner-corn pany then instituted a criminal complaints against the respondent No. 1-company. The complaints were against the company, as well its Managing Director under Section 138 of the negotiable Instruments Act, 1881 (hereinafter referred to as the act ) for dishonour of the cheque. Such five complaints were registered separately before the concerned Magistrate. In the meantime one other company instituted Winding up p











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