Professional Documents
Culture Documents
in 196 HC
BEFORE
CRL.R.P.No.1053/2014
C/W
CRL.R.P.No.1052/2014
BETWEEN:
AND:
ORDER
notice, the petitioners did not pay the amount covered under
the cheques nor had they issued any reply to the legal notice.
32607/2008.
petitions.
amount paid under the five cheques for a sum of Rs.2 lakhs
138(b) of the Act was not issued within the period of 30 days
(2015)1 SCC 527 and the judgment of the Madras High Court
admitted and only for the reason that two separate cheques
judgment.
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question which are the subject matter of these two cases and
deposit the said two cheques and hold the same until the first
the said two cheques. Exs.P-14 & P-15 are the legal notices
to pay the amount covered under the cheques after the same
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bank register which would show that the cheque return memo
21.04.2008.
11. PW-1 during the course of her evidence has stated that
they would be giving her returns of 50% per annum for the
annum for the first two years and it is also mentioned in the
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notice under Section 138(b) of the Act was not issued within
the same does not bear the seal and signature of the bank.
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has certified the same with its seal and signature. The legal
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as under:
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sought for return of the said cheques and on the other hand,
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hold that petitioner no.1 could not have been prosecuted for
the offence under Section 138 of the Act and the conviction
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sound and reasoned and they do not suffer from any illegality
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& 32607/2008.
Sd/-
JUDGE
KK