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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1173-1174 of 2001

Special Leave Petition (crl.) 289-290 of 2000

PETITIONER:

M/S M. M. T. C. LTD. & ANR.

Vs.

RESPONDENT:

M/S MEDCHL CHEMICALS & PHARMA P. LTD. & ANR.

DATE OF JUDGMENT: 19/11/2001

BENCH:

K.T.Thomas, S.N.Variava

JUDGMENT:

S. N. VARIAVA, J.

Leave granted.

Heard parties.

These Appeals are against a Judgment dated 18th December, 1998.

By this common Judgment two complaints, filed by the appellants, under

Section 138 of the Negotiable Instruments Act have been quashed.

The appellant is a Government of India Company, incorporated under

the Companies Act. The appellant has a Regional Office at Chennai. The

1st respondent is also a Company. The 2nd and 3rd respondents were/are the

Directors of the 1st respondent Company. It is stated that 2nd respondent has

now died.

The appellant and the 1st respondent entered into a Memorandum of

Understanding dated 1st June, 1994. This Memorandum of Understanding

was slightly altered on 19th September, 1994. Pursuant to the Memorandum

of Understanding two cheques, one dated 31st October, 1994