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2001 Supreme(Mad) 432

B.AKBAR BASHA KHADIRI
G. Rukkumani – Appellant
Versus
K. Rajendran – Respondent


Appearing Advocates:For the Petitioner:B. Kumara Samy, Advocate. For the Respondent:A. Kumara Guru, Advocate.

Judgment :-

The instant Criminal Original Petition is to call for records in C.C. No. 109 of 2000 pending on the file of the Judicial Magistrate, No. I Erode and quash the same.

The respondent herein preferred a private complaint under Section 200 of the Code of Criminal Procedure before the learned Judicial Magistrate No. 1 Erode, alleging that the petitioner herein and her son had committed offence under Section 138 of the Negotiable Instruments Act. According to the respondent, the petitioner is the proprietrix of Sri Lakshmi Agencies and her son Poondevan is the mandate holder, who happened to be the authorized signatory of the petitioner. On 15-10-1999 Poondevan borrowed Rs. 5,00,000/- from the respondent-complainant on behalf of Sri Lakshmi Agencies, the concern run the petitioner herein and agreed to repay the sum with an interest at 24% p.a. within a period of 2.5 months. He gave a post dated cheque dated 31-12-1999 for Rs. 5,25,000/-. When the cheque was presented in the bank on 31-12-1999, it was returned with a memo endorsed insufficient funds on the same date. The respondent/complainant issued legal notice on 3-1-2000 to the petitioner and her son. The petitioner receiv








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