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2012 Supreme(Mad) 2686

C.S.KARNAN
S. Mohammed Saleem – Appellant
Versus
City Optical Co. , Rep. by its Partner, I. Zakir Alikhan, Salem – Respondent


Advocates appeared:
For the Petitioner:C. Prakasam, Advocate.
For the Respondent:M. Mohammed Riyaz, Advocate.

Judgment :-

The brief facts of the case are as follows:-

The respondent herein / complainant had initiated a case in C.C.No.1056 of 2004, on the file of Judicial Magistrate Court-I, Salem against the revision petitioner herein / accused stating that the accused had introduced one Salim, who is the proprietor of "Star Marketing Consultants", Chennai, regarding a business deal towards the supply of Raybon Sun Glasses, 6000 in numbers; towards this business transaction, as part payment, the complainant has paid a sum of Rs.8,10,000/- by way of demand draft to the said Salim. The said Salim had issued a receipt on 30.09.2003 under the assurance that the materials would be delivered on or before 10.01.2004.

2. As the materials were not supplied to the complainant, the accused being a guarantor to the said Salim had issued three cheques for a sum of Rs.5,00,000/-, Rs.3,00,000/-and Rs.50,000/- respectively. All the three cheques were presented by the complainant with his bankers viz., Indian Overseas bank, Salem and the cheques were returned with an endorsement of "insufficient funds". Thereafter, the complainant had observed all necessary formalities and filed the above case for punishin
























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