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2018 Supreme(Mad) 3839

N.ANAND VENKATESH
D. Napolean – Appellant
Versus
M. V. M. Traders – Respondent


JUDGMENT :

N. Anand Venkatesh, J.

The sole accused who is facing prosecution for the offence under Section 138 of the Negotiable Instruments Act, has filed the present petition seeking to quash the proceedings.

2. A reading of the complaint reveals the fact that the petitioner along with Vijaya Prakash, representing Global Media Works and Anand allegedly approached the respondent during the 3rd week of October 2016, seeking for a loan of Rs. 1,10,00,000/-, for the purpose of taking a movie. The respondent also agreed to give the loan. Accordingly a sum of Rs. 60,00,000/- was transferred by the respondent from his current account to the Bank account of Global Media Works. A further sum of Rs. 10,00,000/- was transferred by the respondent from his current account to the account of Global Media Works by way of RTGS transfer and a further sum of Rs. 40,00,000/- was paid by way of cash on 12.12.2016 to the said Global Media Works. As such a total sum of Rs. 1,10,00,000/- was borrowed by the Global Media Works represented by Vijaya Prakash. The further case in the complaint is that the said Vijay Prakash and Anand have paid a sum of Rs. 56,46,000/- and they failed to pay the balance amount.































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