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1990 Supreme(Cal) 147

J.N.HORE, A.K.SENGUPTA
MADRAS FORGINGS AND ALLIED INDUSTRIES (C. B. C. ) LTD. – Appellant
Versus
SURESH CHANDRA – Respondent


Advocates Appeared:
BALAI ROY, Dipak Bose, DIPTI BOSE, M.VIDYADHARAN, Y.DASTUR,

SENGUPTA, J.

( 1 ) UPON the petition of complaint filed by the opposite party, the learned Metropolitan Magistrate, Eigth Court, Calcutta, directed issuance of summons against the petitioners, one of whom is a public limited company and the other its managing director to answer charges under Section 141, read with Section 138, of the Negotiable Instruments Act, 1881.

( 2 ) IN the petition of complaint, it has been, inter alia, alleged : (a) Against supply of steel rounds to the petitioner company, two cheques bearing No. 1277900, dated January 28, 1989, for Rs. 2,00,000 and No. 1277903, dated February 10, 1989, for Rs. 1,50,000 were issued in favour of the complainant's firm, namely, M/s. Standard Engineering Company, 40, Strand Road, Calcutta-1, by the petitioner-company acting through its managing director, i. e. , the second petitioner, drawn on Indian Bank, Main Branch; Coimbatore. (b) In due course, the said cheques were presented with the complainant's bank, viz. , Oriental Bank of Commerce, Strand Road, Calcutta, and the same were returned with the remarks "exceeds arrangement". (c) On March 13, 1989, the complainant intimated the petitioner-company regarding the dishonour



















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