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TMI Blog2018 (6) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... o the complainant to pay the balance amount of ₹ 3,58,87,500/- at the time of execution of the documents - The points raised by the petitioner/accused cannot be decided in this petition filed under section 482 of the Code of Criminal Procedure. Petition dismissed. - Criminal Original Petition No.27480 of 2012 and M.P.Nos.1&2 of 2012 - - - Dated:- 7-6-2018 - R. Hemalatha, J. For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ector C.S.Vaithiyanathan, Son of Sankara Narayanan, on 20.02.2012 for sale consideration of ₹ 3,58,87,500/-. According to the respondent/complainant, the petitioner/accused stood as a witness and agreed to pay the balance of amount to the respondent/complainant. It is the further case of the respondent/complainant that towards the discharge of the amount due to his client, the petitioner/acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cheque bearing No.478492 was issued for the purpose of purchasing some other properties from the Complainant. He would therefore submit that the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 is not maintainable and that the learned Judicial Magistrate No.II, Coimbatore, has committed an error by taking cognizance of the offence under Section 138 of Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laint shows that the complainant has sold the properties to M/s.Saravanan Estates Private Limited and the petitioner/accused stood as a witness for the execution of the documents. It is the specific contention of the respondent/complainant that he sold the property to M/s.Saravanan Estates Private Limited only on the assurance given by the accused and that the accused also issued a cheque for a su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iminal Procedure. 9. However, the petitioner can raise all these points before the Trial Court at the time of trial. The learned Judicial Magistrate No.II, Coimbatore, is directed to complete the trial within a period of three months from the date of receipt of a copy of this order uninfluenced by any of the observations made by this Court in this order. 10. With the above directions, the Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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