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2007 Supreme(Mad) 204

A.C.ARUMUGAPERUMAL ADITYAN
M. M. T. C. Ltd. – Appellant
Versus
Sampooranam – Respondent


Advocates:
For the Appellant:B. Kumar for Meera Gupta, Advocate. For the Respondent: Anantha Prasad, Legal Aid Counsel.

Judgment :-

This appeal has been preferred against the judgment in C.C.No.195/1995 on the file of the Court of Judicial Magistrate No.I, Tirupur. The complaint in C.C.No.195/1995 is the appellant herein.

2. The averments in the private complaint is under Section 200 Cr.P.C against the accused for an offence under Section 138 of Negotiable Instrument Act was preferred by P.W.1 on behalf of a private company viz. M.M.T.C. Ltd, Chennai House, No.7, Esplanade, Chennai-108. The complaint was taken on file after taking sworn statement of the complainant as C.C.No.195/1995 by the learned Judicial Magistrate No.1, Tirupur. Copies under Section 207 were furnished to the accused on his appearance of summons. When the offence was explained to the accused, she pleaded not guilty. The brief facts of the complaint are as follows:-

The accused had availed financial assistance from the complainant to an extent of Rs.53, 72,000/- in connection with their proposal for export of knitted garments. After availing the said financial assistance and drawing a sum of Rs.53,72,000/- the accused failed to execute her proposal and became liable to pay back the borrowed amount of Rs.55,69,393/- with interest. I





























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