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2004 Supreme(Mad) 117

A.PACKIARAJ
Sri Meenakshi Saw Mill – Appellant
Versus
Cauvery Timber Co. Pvt. Ltd. – Respondent


Advocates Appeared:For the Petitioner:R. Ragupathi, Advocate. For the Respondent:C. R. Prasanan, Advocate.

Judgment :-

This revision has been filed against the order passed by the Judicial Magistrate V. Coimbatore in Crl. M.P. No. 3053 of 2002 in C.C. No. 843 of 2001, dismissing the petition filed for dropping proceedings against the accused/petitioner of offences under Sections 138 and 142 of the Negotiable Instruments Act (in short 'the Act').

The circumstances under which the said order came to be passed is as follows :-

(a) The complainant/respondent herein namely M/s. Cauvery Timber Company Pvt. Ltd. represented by C. Subramanian filed a complaint against the accused/petitioner for offences under Sections 138 and 142 of the Negotiable Instruments Act on the averments that the accused-company represented by its proprietor, namely Vinod M. Patel had purchased timber under Invoice No. 157 dated 17-5-2000 for Rs. 3,69,409. Invoice No. 170 dt. 20-5-2000 for Rs. 10,90,149/- and Invoice No. 182 dated 27-5-2000 for Rs. 3,59,096/- totalling in all for a sum of Rs. 18,18,654/-. In discharge of the abovesaid liability, three cheques dated 20-4-2001, 30-4-2001 and 27-4-2001 for a sum of Rs. 1,50,000/-, Rs. 1,30,860/- and Rs. 1,50,000/- respectively, totalling in all a sum of Rs. 4,0,860/-, dra













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