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2001 (1) TMI 1012

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..... 000 on the file of the Judicial Magistrate No. I, Pollachi, who seek to quash the complaint pending against them for an offence under Section 138 of the Negotiable Instruments Act, 1881. The first petitioner is the company represented by the chairman and other petitioners are the directors of the company. 2. According to the facts as averred in the complaint, the complainant-company was dealing i .....

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..... and 6 on September 20, 2000, and the notice sent to the first accused was returned as left and so far as the said notices sent to petitioner Nos. 4 and 5 are concerned, they were returned on September 28, 2000. Since the remaining amount was not paid by the accused, the complainant came out with a complaint which is sought to be quashed by the accused. 3. The original cheque amount is for ₹ .....

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..... nant cannot come with a complaint for an offence under Section 138 of the Negotiable Instruments Act because any action taken against the drawer of the cheque which was kept by way of security will not lie. 4. Section 138 of the Negotiable Instruments Act reads that where any cheque was drawn for payment of any amount of money for the discharge in whole or any part of any debt or other liability .....

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