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2011 Supreme(Mad) 1158

G.M.AKBAR ALI
IL SUNG Construction Pvt. Ltd. rep by its Director – Appellant
Versus
Sivakumar – Respondent


Advocates Appeared:
For the Petitioners:R. Prabakaran for Arun Kumar, Advocates. For the Respondent:R. Balachandran, Advocate.

Judgment :-

1. By consent of both sides, the matter has been taken up for final hearing. The petition is filed seeking a direction to call for the records in C.C.No.57 of 2010 on the file of the learned Judicial Magistrate No.II, Poonamallee and quash the same.

2. The respondent has initiated prosecution for an offence under Sec.138 r/w 141 of the Act (hereinafter referred to as Act) before the learned Judicial Magistrate No.II, Poonamallee. It is alleged that the first petitioner is a Private Limited Company represented by the 2nd and 3rd petitioners, who are the Directors. It is stated that the defacto-complainant is a proprietor concern doing the business of civil construction works including the interior work and landscaping. The petitioners engaged the defacto-complainant for sub contract works for civil construction in various factory sites. Under these transactions the petitioners are liable to pay a huge sum of Rs.1,10,99,481/- and they have issued two cheques drawn on Axis Bank Limited for a total sum of Rs.28,88,260/-. The respondent presented the cheque on 28.1.2009 and the same was returned with an endorsement "payment stopped by the drawer". The respondent issued a stat



































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