2001 (2) TMI 995

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..... rt of the Principal Civil Judge (Jr. Dn.) and JMFC., Hospet, seeking for quashing the above case registered against him for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act"). 2.. The respondent herein filed a complaint in the trial court alleging that the Finance Manager of M/s. Jindal Praxair Oxygen Company Ltd., situated at Torangallur, who is accused .....

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..... ignatory to issue the cheque and sign on behalf of the above company. Inspite of a notice dated January 23, 1999 issued to both the accused intimating about the dishonour of the said cheque and calling upon them to make payment, they have not complied with the said payment. The respondent therefore, filed the above complaint. 3.. As rightly pointed out by the learned counsel for the petitioner, .....

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..... ct. Thus, the above facts alleged in the complaint do not disclose any grounds to proceed against the petitioner for the offence under section 138 of the Act. I, therefore, find that the learned Magistrate was not justified in registering the case against the petitioner and in ordering for issue of process to him. In the result, this petition is allowed and the proceedings pending against the pe .....

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