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2005 Supreme(Mad) 717

S.R.SINGHARAVELU
R. Priyadharshini – Appellant
Versus
LIC Housing Finance Limited, represented by Deputy Manager, Coimbatore – Respondent


Advocates:
S.Amarnath, for Petitioner.
Ramalingam, for Respondent.

ORDER: This criminal original petition is filed to quash the summon issued to the petitioner by the learned Judicial Magistrate No.V, Coimbatore in C.C.No.836 of 2004.

2. The petitioner is accused No.2 in the above C.C.No.836 of 2004 on the file of Judicial Magistrate No.V, Coimbatore, which was filed by the respondent/complainant, namely, LIC Housing Finance Limited represented by the Deputy Manager, Coimbatore against this petitioner and her husband Mohamed Ansar, who figured as 1st accused. That case was initiated for an offence under Sec.138 of Negotiable Instruments Act. The drawer of the cheques was Mohamed Ansar, the husband of the petitioner. Those two cheques were dated 31.5.2004 each for a sum of Rs.1,00,000. That was issued for the discharge of the loan raised by deceased Abdul Khader, the father of Mohamed Ansar (accused No.1). Subsequent to the death of Abdul Khader, both these accused including this petitioner, undertook to discharge the said loan. Thus the liability was shown to have arisen upon this petitioner and her husband following the death of Abdul Khader, father of Mohamed Ansar (1st accused), who raised the loan.

3. It is in pursuance of this, those two cheque


























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