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2017 Supreme(Mad) 1794

A.D.JAGADISH CHANDIRA
Sri Moogambigai Constructions India Pvt. Ltd. – Appellant
Versus
Venus Enterprises, Rep. by its Managing Partner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. E. Ravichandran
For the Respondents: Mr. V. Ashokkumar, Mr. Su. Srinivasan

ORDER :

This Criminal Original Petition has been filed by the complainant to issue direction to the Judicial Magistrate No.6, Coimbatore, to take the complaint filed by the petitioner in unnumbered CC No. of 2012, against the respondents, which was returned on 03.08.2012, on file and deal with the same in accordance with law.

2. The petitioner is the complainant and he had filed a complaint against the respondents for the offence under Sections 138 and 142 of the Negotiable Instruments Act. In the complaint at paragraphs VII and VIII it had been averred as follows:-

“VII. The Complainant submits that in order to discharge the legal liability all of the accused had issued the cheque for Rs.32,00,000/- to the complainant deliberately with malafide intention to cheat the complainant knowingly fully well that the above said cheque would not be honoured on presentation for encasement. Hence, the complainant caused a legal notice on 20.02.2012 to the accused as contemplated under Sections 138 and 142 of the Negotiable Instruments Act. The said notice was sent by RPAD. The accused No.1 to 3 is having received the notice on 27.02.2012. The Complainant further submits that after knowing the re





































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