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1997 Supreme(Mad) 1159

A.RAMAN
P. M. Vijayakumar – Appellant
Versus
Monara Chits (P) Ltd. – Respondent


Advocates:
P.K. Mohanvel Advocate for Petitioner. Mr. D. Simon Advocate for Respondent.

Judgment :

1. This is an application filed under Section 482 of Criminal Procedure Code to quash the proceedings in C.C.No. 1447 of 1994 pending on the file of the Metropolitan Magistrate, Egmore, Chennai.

2. The complainant is one M/s. Monara Chits (P) Ltd. The case of the complainant is that the accused entered into two chit transactions and became a successful bidder in the auction held on 20.12.1990 and 30.5.1991 and he committed default in payment of subsequent instalments and when the complainant approached the accused for collection the accused issued three post dated cheques drawn on Bank of Maharashtra dated on 12. 1993 and 12. 1993 and 12. 1993 for a total sum of Rs. 46,900 in discharge of the liability due by him on the two transactions to the complainant. The said cheques were presented at the Bank for collection on 12. 1993 and they were all returned on 112. 1993 on the ground that there were no sufficient funds in the account. Later a notice was issued by the complainant to the accused informing about the dishonouring of cheques and calling upon the accused to make payment of the amount due. The accused who received the notice did not comply with the demand nor send



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