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1994 Supreme(Mad) 352

PRATAP SINGH
Sudesh Kumar Sharma – Appellant
Versus
K. S. Selvamani and Others – Respondent


Appearing Advocates:V. Gopinath, T. Munirathina Naidu, D. Selvaraj, T. Mathivanan, Advocates.

Judgment :-

PRATAP SINGH J.

The accused in C. C. Nos. 9, 10, 11 of 1992 and 247 of 1991 have filed these petitions under section 482 of the Code of Criminal Procedure, 1973, praying to call for the records in the said cases and for quashing the same. The short facts are : In C. C. No. 9 of 1992, the respondent in Criminal

O. P. No. 6661 of 1993 has filed a private complaint against the petitioners herein for the offences under section 138 of the Negotiable Instruments Act, 1881, as amended (hereinafter referred to as "the Act") and under section 420 of the Indian Penal Code. The allegations in the said complaint are briefly as follows :

The complainant is manufacturing a high class variety of export fabrics. The second accused is the son of the first accused. The accused purchased high class variety of export fabrics on credit basis and towards part payment of the amount due to the complainant, they handed over two cheques dated July 15, 1991, and August 15, 1991, on July 15, 1991, promising that the said cheques will be duly honoured on the respective dates. Subsequently, the accused requested the complainant to present the cheques in the month of October, 1991. The complainant prese













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