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2004 Supreme(Mad) 43

M.THANIKACHALAM
Rajan Taneja – Appellant
Versus
T. Ram Naresh Tiripathi – Respondent


Advocates Appeared:For The Petitioner:A. Ramesh, Advocate. For The Respondent: M. Ravindran, Senior Counsel.

Judgment :-

The petitioner, who is accused in C.C.Nos.208/2003 and 209/2003 on the file of the Judicial Magistrate No.5, Salem, has filed this petition, to quash the proceedings against him in both the cases.

2. This order shall dispose of the above two petitions.

3. In both the cases, the respondents herein as complainants accused the petitioner, that on the assurances and promises made by the accused, goods were supplied to him, though the accused undertook to pay the value of the goods supplied to him, within 30 days from the date of invoice and in case, he could not pay the amount within the period, the amount due would carry interest at 24% per annum, he was not prompt in clearing the dues without delay.

4. It is the further contention of the respondents/complainants in both the cases, that the accused subsequently also failed to keep up his promise, though he assured for prompt payment, on that basis, goods were also supplied to him. Therefore, according to the complainants, in both the cases, the accused had failed to clear a sum of Rs.9,01,732/- (in C.C.No.208/2003) and a sum of Rs.4,14,087/- (in C.C.No.209/2003). It is the further case of the complainants that believing the








































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