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2008 Supreme(Mad) 2024

P.R.SHIVAKUMAR
K. C. Bohra Proprietor: Hansa Traders – Appellant
Versus
Sri Durga Lodge Pvt. Ltd. , Rep. by its Director & Another – Respondent


Advocates Appeared:
For the Appellant:R. Mohan, Advocate.
For the Respondents: ---

Judgment :-

This Criminal appeal is directed against the judgment and order of acquittal dated 06.05.2002 acquitting the respondents herein who were prosecuted before the Court below for an offence punishable under Section 138 of Negotiable Instrument Act, 1881 in C.C.No.6662 of 1999, a case instituted on private complaint filed by the appellant herein.

2. The case of the Complainant/Appellant, in brief, is as follows:-

The appellant/complainant is carrying on the business of selling electrical goods and appliances in the name and style of "Hansa Traders"(a proprietary concern) at No.57,Parthasarathy Pettai Street, Teynampet, Chennai-86. The Second respondent/second accused, as a director of the first respondent/first accused company, purchased electrical fittings, fans and other electrical accessories on behalf of the first respondent/first accused company from the above said business concern of the appellant/complainant and issued a cheque dated 05.08.1998 bearing Cheque No.643003 for a sum of Rs.60,515/-drawn on Indian Overseas Bank, Thiruthani Branch towards the price of the goods purchased. The said cheque was presented for collection through Lakshmi Vilas Bank, Thousand Light































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