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2009 Supreme(Mad) 2112

C.S.KARNAN
Thirumoorthy – Appellant
Versus
S. Govindaraj – Respondent


Advocates Appeared:
For the Petitioner:T.P. Manoharan, Advocate. For the Respondent:

Judgment :-

This petition has been filed under Section 482 Cr.P.C by the petitioner herein who is the accused in C.C.No.375 of 2005, on the file of the Judicial Magistrate-III, Coimbatore praying to quash the proceedings therein.

2. The facts leading to the filing of the complaint are as follows:

The petitioner herein approached the respondent herein on 02.01.2004 and borrowed Rs.80,000/- as hand loan. The respondent herein contacted the petitioner on 25.03.2004 and demanded repayment of the borrowed amount. The petitioner herein issued a cheque bearing No.788407 drawn on South Indian Bank, CMS Higher Secondary School extension counter, Coimbatore, dated 26.03.2004 at the complainants house, in the presence of one R.Raja, who is known both to the complainant and the accused. When the respondent/complainant presented the cheque through his bankers for collection, the said cheque was dishonoured for the reasons, "Fund insufficient, and signature forged. The respondent/complainant therefore issued a legal notice demanding payment, on 31.03.2004 by registered post to the petitioner/accused. The petitioner herein purposely refused to receive the legal notice and hence the notice was retu






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