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2008 Supreme(Mad) 3890

A.C.ARUMUGAPERUMAL ADITYAN
Transcorp Finance Ltd, rep by its General Manager – Appellant
Versus
Chemicals Drugs & Formulations Ltd, rep by its Power Agent & Others – Respondent


Advocates Appeared:
For the Appellant :R. Vijayaraghavan, Advocate.
For the Respondents:P. Palaninathan, Advocate.

Judgment :-

This appeal has been directed against the judgment in C.C.No.7137 of 1996 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai-15.The complainant is the appellant herein.

2. According to the complainant, the accused had availed bill discounting facility to the tune of Rs.3,24,852/-. In order to discharge the said debt, the second accused had drawn an impugned cheque Ex P1 dated 24. 1996 on behalf of the first accused in favour of the complainant for a sum of Rs.3,24,852/-. When the said cheque was presented before the South Indian Bank, Triplicane, the same was returned with an endorsement "payment stopped by the drawer". Exs P2 and P3 are the intimation issued by the bank to the complainant dated 10. 1996. On 10. 1996, the complainant had issued a lawyers notice under the original of Ex P4 which was received by the accused under Ex P6 acknowledgment dated 10. 1996. Ex P5 is the power of attorney. Ex P7 is the reply notice. Ex P8 is the statement of account produced by the accused. Ex P9 is the letter addressed by the accused to his bank. On behalf of the complainant, P.Ws 1 to 3 were examined apart from the above said exhibits marked through them. On the side











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