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2012 Supreme(Mad) 4471

B.RAJENDRAN
Muthukumarasamy Prop. Sri Vari Travels – Appellant
Versus
Sree Gokulam Chits & Finance Co Pvt Ltd rep. by its power agent Harikrishnan – Respondent


Advocates appeared:
For the Petitioner:T.P. Manoharan. Advocate.
For the Respondent:T.C. Sajith Babu for M/s. Prince Associates, Advocate.

Judgment :-

The petitioner has come forward with this Criminal Revision Petition challenging the order dated 07.03.2012 in C.M.P. No. 1258 of 2011 on the file of the learned Judicial Magistrate No.II, Coimbatore by which the petition filed by the respondent to condone the delay of 53 days in filing the Complaint under Section 138 of the Negotiable Instruments Act was allowed.

2. The respondent herein has filed the unnumbered Calander case contending that the petitioner is one of the subscribers of chit group No. G2G/307/KDM/9 for a chit value of Rs.3,00,000/- with a duration of 20 months and monthly subscription of Rs.15,000/-.

The petitioner was declared as a successful bidder of a chit and therefore the respondent paid the prize amount of Rs.2,43,000/-on 18.09.2007. After receipt of the prize amount, the petitioner committed default in payment of subscription amount, inspite of repeated demand. The petitioner was liable to pay Rs.1,21,122/-towards subscription amount with interest accrued thereon. After repeated demands, the petitioner issued a cheque dated 20.09.2010 for Rs.1,21,122/-drawn on ICICI Bank, Trichy Road Branch, Coimbatore and on its presentation, the cheque was disho















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