SICAGEN INDIA LTD. Vs. MAHINDRA VADINENI
LAWS(SC)-2018-1-152
SUPREME COURT OF INDIA
Decided on January 08,2018

Sicagen India Ltd. Appellant
VERSUS
Mahindra Vadineni Respondents

JUDGEMENT

R.BANUMATHI, J. - (1.) Leave granted.
(2.) These appeals arise out of the judgment and orders dated 14.11.2011 in Crl.O.P. No.20401 of 2011 and 15.12.2014 in Crl.O.P.S.R.No. 55782 of 2014 passed by the HighCourt of Judicature at Madras in and by which the High Court has quashed the criminalcomplaints filed by the appellant - complainant under section 138 of the NegotiableInstruments Act.
(3.) For convenience, the facts in C.C.No. 4029/2010 (Crl.O.P. No. 20401 of 2011) arereferred to. Case of the appellant-complainant is that they had business dealings with therespondents and in the course of business dealings, the respondents had issued threecheques viz. 1. Cheque 316693 dated 20.07.2009 for Rs.1,44,362/- 2. Cheque 316663 dated 30.07.2009 for Rs.4,26,400/- 3. Cheque 316692 dated 10.08.2000 for Rs.4,48,656/- The three cheques were presented for collection and the same were dishonoured and returned with the endorsement "insufficient funds". The appellant-complainant had issuedfirst notice to the respondent(s) on 31.08.2009 demanding the repayment of the amount.The cheques were again presented and returned with the endorsement "insufficientfunds". The appellant had issued a statutory notice on 25.01.2010 to the respondent(s).Since the cheque amount was not being paid, the appellant-complainant had filed thecomplaint under section 138 of the Negotiable Instruments Act based on the secondstatutory notice dated 25.01.2010. ;


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