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2017 Supreme(Mad) 2221

M.S.RAMESH
Kishore – Appellant
Versus
Arul Jothi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V. Lakshminarayanan, M/s. S. Sairaman

ORDER :

1. This Criminal Original Petition has been filed to call for the records in S.T.C.No.533 of 2016 on the file of the learned District Munsif cum Judicial Magistrate, Neyveli and quash the same insofar as the petitioner is concerned.

2. According to the petitioner he had placed an order with the respondent company seeking for supply of lignite powder. When the material was supplied, it was found that the same was sub standard and thereafter on 03.05.2016 the petitioner had requested the respondent not to present the cheque until the material was replaced.

3. It is the case of the petitioner that inspite of specific instructions, the respondent has presented the cheque and consequently initiated proceedings under section 138 of the Negotiable Instruments Act. Challenging the same the present petition has been filed.

4. One of the main grounds raised by the petitioner is that notice of dishonour under section 138 of the Negotiable Instruments Act has not been given to the petitioner. According to the petitioner, the sales invoice, as well as his request made on 03.05.2016 in the letter-head, clearly states that his factory address is G-31, Industrial Estate, Ambattur, Chennai - 60








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