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2009 Supreme(Bom) 1389

N.A.BRITTO
Goa State Co-op. Bank Ltd. – Appellant
Versus
Kurtarkar Traders – Respondent


Advocates appeared:
Mr. S. R. RIVONKAR, Advocate for the Appellant.
Mr. G. K. SARDESSAI with Mr. V.A.
PALEKAR, Advocates for the Respondent.

JUDGMENT :-

Heard learned Counsel on behalf of both the parties.

2. These appeals can be conveniently disposed of by this common judgment.

3. Some facts are required to be stated to dispose of the same.

4. The appellant-complainant is a Multi State Co-operative Society, governed by the Multi State Co-operative Societies Act, 2002. The complainant had prosecuted the accused in three complaint cases namely CC Nos.366/0A/05, 486/0A/051 and 487/0AI05 for dishonour of certain cheques issued by the respondent/accused towards the payment of its liability towards the complainant on account of certain loans taken by the respondent accused.

S. In first case, the cheque is for Rs.10,00,000/- dated 7.6.2005. In the second case the cheque is for Rs.15,00,000/- dated 23.8.2005 and in the third case the cheque is for Rs.15,00,000/- dated 07.09.2005.

6. There is no dispute that the complaints were filed by the complainant which is a Multi State Co-operative Society and all the three complaints were filed through Shashikant R. Sawaikar, the acting manager of Curti Branch of the said complainant who had also filed an affidavit of verification. The said Shashikant Sawaikar was examined on behalf of the co






































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