S.JANARTHANAM
Gopalakrishna Trading Company, rep. by its Manager P. Sivaram – Appellant
Versus
D. Baskaran – Respondent
S. Janarthanam, J. – M/s. Gopalakrishna Trading Company, which is dealing in submersible pump sets, is situate at No. 116. Angappa Naicken Street, Madras-1.
2. M/s. Krishna Electricals and Hardwares, is a partnership firm is situate at No. 167.B, Nethaji Road, Manjakuppam, Cuddalore - 607 001. One D.Baskaran is the Managing Partner of the said firm.
3. The said Baskaran in his capacity as Managing Partner, it is said, had been purchasing submersible pump sets from M/s. Gopalakrishna Trading Company for quite long on credit basis and subsequently settling the account by the issuance of cheque for the purchases made and money due on the purchases so made he appeared to have issued a cheque for Rs. 25,000/. dated 30.5.1991 in favour of M/s. Gopalakrishna Trading Com. party. The cheque when presented by the said company on 28.11.1991, bounced with an endorsement as 'Insufficient funds' on 10.12.1991. After complying with other formalities it is said M/s. Gopalakrishna Trading Company represented by its Manager P. Sivaram lodged a complaint against the said Baskaran for an alleged offence under Sec. 138 of Negotiable Instruments Act before the VII Metropolitan Magistrate, George T
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