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N.A.BRITTO
Deelip Apte – Appellant
Versus
Nilesh P. Salgaonkar – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Shri S.A. Samant, Advocate.
For the Respondent No. 1:Shri P.P. Singh, Advocate.

Judgment (ORAL)

N.A. Britto, J.—The subject matter of the dispute between the complainant and the accused are three cheques which have been dishonoured, the details of which are as follows:

1.Cheque No. 4605574 dated 28-11-2003 for Rs. 50,000/-

2.Cheque No. 4605575 dated 28-11-2003 for Rs. 50,000/-

3.Cheque No. 4605576 dated 01-12-2003 for Rs. 70,000/-

2. Broadly stated, the case of the complainant is that the said three cheques were given by the accused to the complainant by way of payment of Rs. l,70,000/- advanced by the complainant to the accused in the first week of November, 2003. Likewise, it was the case of the accused that the said three cheques were given to the complainant by way of security. As regards the first two cheques, the complainant sent a notice to the accused dated 01.12.2003 and regarding the third cheque, the complainant sent the notice dated 09.01.2004. Both the notices were sent by registered A.D. and upon non-compliance of the said notices, the accused filed two complaints. The first complaint in respect of the two cheques came to be registered as C.C. No. 219/P/04/B while the second complaint came to be registered as C.C. No. 376/OA/04/C. The said two complai























































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