2009 (9) TMI 912

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..... Group I, Pollachi (W.P. No. 29341 of 2005 and W.P. M.P. No. 32145 of 2005 decided on September 10, 2009) is printed below:-] By the consent of parties, the main writ petition itself is taken up for hearing. The petitioner has sought for a mandamus directing the first respondent to return the cheques bearing No. 263349 dated June 9, 2005 for ₹ 62,167 and No. 263350 dated June 9, 2005 f .....

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..... ssuance of cheques without a proper assessment. In these circumstances, the petitioner has come out with the writ petition for the relief stated supra. On this day, when the matter came up for hearing, it was brought to the notice of this court, that in similar circumstances, this court by its order dated April 9, 2009 in W.P. No. 4034 of 2009, has directed the respondent therein to return the .....

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..... by the petitioner voluntarily and that the cheques were presented for payment, but got dishonoured. It is clear from the instruction taken from the learned Government Advocate that there is no dispute about the fact that the cheques did not represent any money due under any assessment order or demand made. Therefore, the question as to whether the cheques were issued voluntarily or not need not be .....

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