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G.M.AKBAR ALI
Mohammed Haneef – Appellant
Versus
Shankarraj – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Abudu Kumar Rajarathinam for S. Ashok Kumar, Advocate.
For the Respondent:A. Laxmi Raj Rathnam, Advocate.

JUDGMENT

G.M. Akbar Ali, J.—The petitions are filed seeking a direction to call for the records in C.C. Nos.437, 438, 439 & 440 of 2009 on the file of the learned Judicial Magistrate,Ambattur.

2. The Respondent has initiated proceedings under Sections 138 & 142 of Negotiable Instruments Act before the learned Judicial Magistrate Court, Ambattur against the Petitioner. In the Complaint, it is alleged that the Petitioner has taken a sum of Rs.35,00,000 assuring an admission for a post graduate course in M.S. (Ortho) for the Respondent’s son Dr. S. Manivannan. Since he did not obtain any admission, he is liable to pay the amount.

3. It is further submitted that the Petitioner executed promissory notes dated 8.3.2009 and also issued four cheques dated 26.3.2009 each for Rs.7,50,000. He also assured the complainant that he will pay the amount within sixty days. Since the amount was not paid, the cheques were presented by the complainant in his Bank on 5.9.2009 and the cheques were dishonoured by the petitioner’s banker on 7.9.2009. The complainant issued a statutory notice on 23.9.2009 demanding repayment within fifteen days which was received by the petitioner who also sent a reply on 30




























































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