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2021 Supreme(Mad) 2051

C.V.KARTHIKEYAN
M. G. Mohamed Javid – Appellant
Versus
Nayeem Hannan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M. Mohammed Rafi, Advocate.
For the Respondent:S. Thamizharasi, Advocate.

JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No. 485 of 2015 on the file of the learned Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai – 600 001.)

1. This Petition has been filed under Section 482 of the Code of Criminal Procedure seeking to call for the records and quash C.C.No. 485 of 2015 now pending on the file of Metropolitan Magistrate IV FTC, George Town, Chennai.

2. The petitioner is the accused in the said calendar case. The respondent had filed a private complaint against the petitioner for offence under Section 138 of the Negotiable Instrument Act.

3. It is the case of the respondent that the parties had entered into a business arrangement and the respondent had received a sum of Rs.10,75,000/- as investment in the business. There were some negotiations and it was agreed to reduce the amount to Rs.8,75,000/-. The petitioner had issued four cheques all dated 11.12.2014. The cheques were dishonoured. Notice was issued and thereafter, the complaint was filed.

4. It is claimed by the petitioner that the cheques were dishonoured on 13.12.2014 and notice should have been issued in accordance with t

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