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S.R.BANNURMATH
C. Prabhu – Appellant
Versus
Sangam Corporation (Finance and Investment) Bangalore – Respondent


Counsel for the parties:
For the Petitioner:Mis. Chandulal and Associates, Advocates.
For the Respondent:Miss Birdy Aiyappa for Sreevatsa Associates, Advocate.

ORDER

S.R. Bannurmath, J. - These petitions are filed under Section 482 of the Criminal Procedure Code for quashing the proceedings in Criminal Case Nos. 27176 and 27177 of 2000 on the file of the XIV Additional Chief Metropolitan Magistrate, Bangalore and the other dated 22-2-2000 for Es. 1,52,200/- drawn on Indian Overseas Bank. Malleswaram. Bangalore.

2. The brief facts giving rise to the present petitioner are as follows:

The respondent-Corporation has filed private complaints under Section 200 of the Criminal Procedure Code against the petitioner for an offence under Section 138 of the Negotiable Instruments Act on the ground that thepetitioner had borrowed certain amounts from the complainant and in this regard towards the repayment of the same he had issued two cheques one dated 15-2-2000 for Rs. 1,60,000/- and the other dated on Indian Overseas Bank, Malleswaram, Bangalore. It is alleged that when the cheques were presented for collection the same were returned with endorsements "insufficient fund". It is contended that in spite of issuing legal notices as required by the law which came to be returned with endorsements from the Postal Department "not claimed return to sender
































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