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R.BANUMATHI
Suryakant V. Kanakia – Appellant
Versus
V. Muthukumaran – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Samir, Advocate.
For the Respondent:Mr. S. Palaniappan, Advocate.

Judgment

R. Banumathi, J.—The complainant in C.C. No.9577 of 1991 is the appellant. Aggrieved over the Order of acquittal of the respondent/accused under Section 138 of the Negotiable Instruments Act by the 5th Metropolitan Magistrate, Egmore, Chennai (by Judgment dated March 22, 1993), the appellant/complainant has preferred this appeal.

2. The relevant facts for disposal of this appeal could briefly be stated thus: On March 18, 1991, the accused has availed of a loan of Rs. 20,000/- from the complainant. He has agreed to repay the same with interest at the rate of 30 per cent per annum. For repayment of the said amount, the accused had issued 11 cheques on various dates between May, 1991 and August, 1991, drawn on the Standard Chartered Bank, N.S.C. Bose Road, Chennai. When the cheques were presented for collection in UCO Bank on August 30, 1991, by the complainant, all cheques were dishonoured on September 2, 1991, with endorsement “payments stopped by the drawer”. The complainant sent a legal notice dated September 5, 1991. The accused received the same on September 9, 1991. But he has not made arrangements to repay the loan. The complainant has filed the complaint under Section



























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