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G.M.AKBAR ALI
Nagalakshmi – Appellant
Versus
Kadar Basha – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. M.R. Murali, Advocate.
For the Respondent:Ms. A. Ajimath Begam, Advocate.

ORDER

G.M. Akbar Ali, J.— The petition is filed seeking a direction to withdraw and transfer C.C.No.400/2009 on the file of Additional Judicial Magistrate, Aruppukkottai to any Courts of competent jurisdiction in the City of Madras.

2. The petitioner is an accused in C.C.No.400 of 2009, which is a private complaint filed by the respondent under Sec.138 of Negotiable Instruments Act (hereinafter referred to as “Act”). According to the respondent, the petitioner came to his native place Poolangal Village in Aruppukottai at Virudhunagar on 25.10.2008 and obtained a loan of Rs.6,50,000 and promised to repay the same with interest, but failed. According to the respondent, the petitioner issued two cheques, drawn on State Bank of India, Anna Nagar West on 4.7.2009 and the same was deposited by the respondent on 16.7.2009 and on 19.8.2009 at his bank at Poolangal, which is Indian Bank, but the same was returned with an endorsement “No sufficient fund”, on 23.7.2009 and on 25.8.2009 by the payee bank. Thereafter, the respondent issued notices demanding payment and on failure, initiated proceedings under Section 138 of the Act before the learned Judicial Magistrate at Aruppukottai. The same w








































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