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1994 Supreme(Mad) 14

PRATAP SINGH
Manivannan – Appellant
Versus
Ever King Garments – Respondent


Appearing Advocates:Mr. V. Raghavachari, Advocates.

Judgment :-

PRATAP SINGH J.

The accused in C. C. No. 6 of 1993 on the file of the judicial Magistrate, No. II, Tiruppur, under section 482 of the Criminal Procedure Code, 1973, has filed this petition, praying to call for the records in the above case and to quash the same. The short facts are : The respondent has filed the complaint against the petitioner for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"). The allegations in it are briefly as follows : The complainant is doing hosiery business under the name and style of "Ever King Garments". He is one of the partners of the firm. The accused had been doing business with the complainant by way of purchasing hosiery goods. For the goods supplied to the accused, the accused had issued a cheque on August 5, 1992, for Rs. 6, 420 in favour of the complainant. On August 20, 1992, the accused had issued another cheque in favour of this complainant. On August 25, 1992, and September 7, 1992, the accused had issued another two cheques for Rs. 5, 000 and Rs. 7, 245, respectively. When the above cheques were presented before the proper bank on various dates for collection









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