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2008 Supreme(Mad) 925

M.JEYAPAUL
Guruvinder Kaur – Appellant
Versus
Surya Agencies, Vellore rep by Power of Attorney V. Sasikumar – Respondent


Advocates Appeared:
For the Petitioner:V. Sairam, Advocate. For the Respondent:R. Vasudevan, Advocate.

Judgment :-

These petitions are filed seeking to quash the criminal proceedings in C.C.Nos49 and 50 of 2007 on the file of the learned Judicial Magistrate I, Walajah.

2. The petitioner is the accused in those cases filed by the respondent under section 138 of the Negotiable Instruments Act.

3. The respondent/complainant has contended in the complaint laid under section 138 of the Negotiable Instruments Act that the complainant supplied goods to the accused on the strength of the promise made by them, but, the accused made only a meager payment towards the supply of goods. When the complainant demanded payment continuously, the accused asked the complainant to deposit the subject cheques. The subject cheques have been issued by the accused in continuation of the cheques given by the accused on earlier occasions. The subject cheques were deposited by the complainant on 111. 2005 with the complainants bankers for realization. But, the cheques were returned with an endorsement "insufficient funds" in the accounts of the accused. The complainant sent a legal notice through their counsel demanding the accused to pay the amount in the subject cheques within fifteen days from the date of r





























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