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2001 Supreme(Raj) 1187

K.T.THOMAS, S.N.VARIAVA
Veera Exports – Appellant
Versus
T. Kalavathy – Respondent


Advocates Appeared:
K. Sudhinder & Rajesh Kumar, Advocates, for Appellant K. Shivraj Choudhary & Dr. R. Prakash, Advocates, for Respondent

.Honble VARIAVA, J.–Leave granted.

(2). Heard parties.

(3). These appeals are against the Judgment of a Single Judge of the Madras High Court by which the criminal proceedings launched by the appellant under Section 138 of the Negotiable Instruments Act have been quashed.

(4). Briefly stated the facts are as follows.

The respondent had issued to the Appellants 8 cheques, bearing various dates from 9.04.1995 to 30.04.1995, for a sum totalling Rs.4 lacs. The cheques were presented for payment on 15.05.1995 but were dishonoured. It is the case of the Appellant that the fact of dishonour was brought to the notice of the Respondent and that the Respondent then requested for more time to pay. The Appellants claim that they granted her more time to pay. The Appellants claim that as the Respondent still could not pay the amounts, in January 1996, she changed the date of the cheques from 1995 to 1996. The Appellants claim that the Respondent also made the necessary endorsement on the cheques at that time. The Appellant claim that the Respondent then requested the Appellant to present the cheques after a period of three months.

(5). The cheques were again presented on 18.07.1996 and were dishonou













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