K.T.THOMAS, S.N.VARIAVA
M. M. T. C. LTD. – Appellant
Versus
Medchl Chemicals And Pharma Private LTD. – Respondent
JUDGMENT
S.N. Variava, J.-Leave granted.
2. Heard parties.
3. 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.
4. 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.
5. 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 in a sum of Rs. 20,26,995/- and another dated 10th November, 1994 in a sum of Rs. 22,10,156/-, were issued by the 1st respondent in favour of the appellant. Both the cheques when presented for payment were returned with the endorsement "payment stopped by drawer". Two notices were served by the appellant on the 1st respondent. As the amounts under the cheques were no
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