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2012 Supreme(Kar) 440

A.N.VENUGOPALA GOWDA
V. Thimmegowda – Appellant
Versus
Shashi Bhushan Agarwal – Respondent


Advocates Appeared:
For the Appellant:S. Vishwajith Shetty, Advocate.
For the Respondent:S.S. Naganand, Sr. Advocate for S. Sriranga, Advocate.

Judgment

1. The petitioner purchased goods from the respondent on 6.11.2004, 9.11.2004 and 11.11.2004 (Exs.P1 to P3), obtained delivery (Ex.P4 to P6) and issued the three cheques bearing Nos.690206 dated 10.11.2004 for Rs.2,91,840/-, 690208 dated 13.11.2004 for Rs.2,46,270/-and 690209 dated 16.11.2004 for Rs.2,16,215/-, drawn on ICICI Bank Ltd., Jayanagar Branch, Bangalore – 11 (Ex.P7 to P9), towards the payment of the said bills. When the said cheques were presented to the banker, the same was returned on 27.12.2004, with endorsements 'stopped payment' (Ex.P10 and P12). The said cheques were again presented to the banker and were returned on 26.11.2004 with endorsement 'stopped payment' (Exs.P13 to P15). The debit advice, dated 27.11.2004 is Ex.P16. The respondent served a notice upon the petitioner on 13.1.2005 (Ex.P17) and called upon him to pay the said cheque amount. The petitioner replied to the said notice on 25.1.2005 (Ex.P19), wherein, it was stated that the quality and quantity of the goods supplied was not as per the agreed terms and conditions and hence, he refused to receive the same and instructed his banker to 'stop the payment'.

2. On the basis of the said bounced c



























































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