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2022 Supreme(Online)(MAD) 12338

HIGH COURT OF MADRAS
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
M/S.SRI SAIRAM ENTERPRISES – Appellant
Versus
M/S.PEPS INDUSTRIES PVT.LTD – Respondent


ORDER

This Criminal Original Petition is filed under Section 482 of Cr.P.C., sought to be quashed on the short point that the statutory notice under Section 138 of Negotiable Instruments Act not served to the complainant, which is mandated and required under the statute.

2. According to the petitioner, he and the respondent had business transaction as supplier and agent of pillows. Earlier the petitioner was carrying on business at 27, Kuppusamy Street, Balaji Nagar, Padi, Chennai till the month of July 2017. Thereafter he shifted the business to No.37, V.S.Mani Nagar, Sri Sai Nagar, Madhavaram, Chennai and the goods were supplied by the complainant to the new address. In the year 2016, the petitioner was forced to discontinue the distributorship and entered into a memo with the complainant in a specific terms that the outstanding from the customers has to be collected by the complainant and the security deposit of Rs.7,00,000/- has to be adjusted towards the dues payable. While so, the complaint under Section 138 of N.I.Act registered based on the cheque dated 23.03.2018 for a sum of Rs.20,69,496/- purported to be presented for collection and on return of the cheque “Payment stopped

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