IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE N.ANAND VENKATESH
M/s.Ultimate Computer Care – Appellant
Versus
M/s.S.M.K.Systems – Respondent
| Table of Content |
|---|
| 1. applicability of section 56 regarding part payments and cheque dishonour (Para 1 , 2 , 4 , 5 , 8) |
| 2. judicial interpretation of part payment endorsement and limitation of quash powers (Para 3 , 6 , 7 , 9) |
| 3. judicial concern over delay and directions for expeditious trial (Para 10 , 11 , 12 , 13 , 14) |
| 4. final order dismissing petitions and issuing case management directions (Para 15 , 16 , 17 , 18) |
COMMON ORDER
These criminal original petitions have been filed to quash the proceedings pending in C.C.Nos.122, 123, 130, 131, 132, 133, 134, 135 and 136 of 2022, on the file of the learned Judicial Magistrate, Aruppukotai.
2. The respondent in each quash petition has filed a private complaint against the petitioners for offence under Section 138 of the “Negotiable Instruments Act, 1881” (hereinafter referred to as the “NI Act” for brevity) on the ground that the respondent has supplied materials to the petitioners and there was an enforceable liability towards which cheques were issued and when these cheques were presented, it was dishonored with endorsement “exceeds arrangement”. Thereafter, legal notice was issued and in some cases it was refused and in other cases, it
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