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S.THANGARAJ
M. LAKSHMI – Appellant
Versus
SHANMUGA PRIYA TEXTILES (P) LTD. – Respondent


Advocates:
Counsels :
Mr. B.S. Gnanadesikan, Advocate—For the Petitioner.
Mr. K. Sukumaran, Advocate—For the Respondent.

JUDGMENT

S. Thangaraj, J.—The petitioner has filed this petition under Section 482, Cr.P.C. to call for records in C.C. No. 321 of 1997 on the file of the Judicial Magistrate. Udumalpet and to quash the same.

2. The respondent herein who is the complainant has filed a complaint under Section 200, Cr.P.C. for an offence under Section 138 Negotiable Instruments Act against the petitioner herein alleging that for the purchase of 4.2 counts Cotton Yarn worth Rs. 1,35,000/- the petitioner herein has issued a cheque dated 4.1.1997 drawn on City Union Bank for Rs. 1,35,000/- and when presented for collection it was returned with an endorsement "returned as funds are insufficient". Thereafter, the petitioner had sent a lawyer's notice dated 12.5.97 and the same was received by the petitioner herein on 15.5.97 and no reply has been sent by the petitioner. The said complaint is pending in C.C, No. 321 of 1997 on the file of the Judicial Magistrate I, Udumalpet.

3. The cause title shows that the complaint was filed by one K. Rajaram-power of Attorney of Thiru Ramakrishnan-Managing Director of M/s. Shanmuga Priya Textiles (P) Ltd. As per the provisions of the Companies Act, there should be a r




















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