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2001 Supreme(Kar) 174

MOHAMED ANWAR
ARUN HEGDE – Appellant
Versus
M. J. SHETTY – Respondent


Advocates:
M.VISHWAJIT RAI, R.B.DESHAPANDE, S.Mahesh

MOHAMED ANWAR, J.

( 1 ) HEARD the learned Counsel on both sides.

( 2 ) THIS petition under Section 482 Cr. P. C. is presented by the petitioners who are accused Nos. 2 and 3, in C. C. No. 13799/97 pending on the file of the Court below, praying to quash that criminal proceeding initiated against them on the complaint of respondent for an offence under Section 138 of the Negotiable Instruments Act, 1881 ('the N. I. Act' for short ).

( 3 ) THE complaint allegations are that: the accused-petitioner shappened to be the dealers of the produce of M/s. Vicco Corporation limited. The products of the said Corporation, which were purchased by the complainant and stocked with him as on 21. 01. 1997, were transferred to the office/godown of the accused, who, in turn, issued the cheque in question bearing No. 656816, dated 31. 03. 1997, drawn on State Bank of India, Attavara Branch, Mangalore, for Rs. 1,95,139. 00 in complainant's favour towards the value of the said materials. When the cheque was presented for encashment to the bank on 2. 4. 1997, the same was bounced by it with its endorsement indicating the reason "insufficient fund", in the account of the accused. Then, the statutory demand











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