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1994 Supreme(Mad) 31

PRATAP SINGH
Salar Solvent Extractions Limited and Another – Appellant
Versus
South India Viscose Limited – Respondent


Appearing Advocates:For the Petitioner:--- For the Respondent:---

Judgment :-

PRATAP SINGH J.

The accused in S.T.C. No. 945 of 1992 on the file of Judicial Magistrate No. III, Coimbatore, have filed this petition under section 482, Criminal Procedure Code, praying to call for the records in the above case and quash the same. The short facts are : The respondent has filed the private complaint against the petitioners, for offences under section 138 of the Negotiable Instruments Act, 1881 (which I shall hereafter refer to as "the Act"), the allegations in it are briefly as follows :

In respect of purchases made by the first accused from the complainant, there is an outstanding balance of Rs. 20, 87, 600 and interest thereon. Towards the said liability, the first accused issued three cheques dated December 21, 1991, December 18, 1991 and December 28, 1991, for Rs. 1 lakh, Rs. 1 lakh and Rs. 1, 50, 000 respectively, in favour of the complainant. Those cheques were signed by the second accused, as managing director of the first accused. The complainant presented the said cheques for encashment, All the three cheques were dishonoured on the ground "not arranged for". The complainant received memos of dishonour on February 4, 1992. The complainant issued

















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