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2001 Supreme(Mad) 200

A.RAMAMURTHI
M. Vengaimalaiyan – Appellant
Versus
K. Natarajan, Commercial Inspector, T. N. E. B. C/o. Superintending Engineer (Acquisition), TNEB. , Corporation Building, Coimbatore-641001 – Respondent


Advocates:
R.Ramamoorthy, for Petitioner.
K.V.Sridharan, for Respondent.

ORDER: The complaint in C.C.No.69 of 1998 on the file of Judicial Magistrate, Coimbatore has preferred the revision aggrieved against the orders passed in C.M.P.No.5671 of 1998, dated 6.1.1999.

2. The case in brief is as follows:

The complainant filed a complaint under Sec.138 of the Negotiable Instruments Act against the respondent relating to dishonour of a cheque for a sum of Rs.1,30,000. The statutory notice was also sent on 3.11.1997 to the accused and after complying all the statutory formalities, the complaint was laid. The accused filed C.M.P.No.5671 of 1998 for discharge and contended that there is no valued notice and as such the complaint is not maintainable under law. After hearing the parties, the learned Magistrate allowed the application and aggrieved against this, the present revision is filed.

3. Heard the learned counsel for the parties.

4. The point that arise for consideration is whether the order passed by the Court below is proper and correct?

5.Point: There is no dispute that the petitioner/ complainant filed a complaint under Sec.138 of the Negotiable Instruments Act against the respondent relating to dishonour of a cheque for Rs.1,30,000. The cheque was returned








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