2000 (3) TMI 933

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....ndent. ORDER 1. Heard both sides. 2. This petition under section 482 of the Code of Criminal Procedure seeks quashing of proceedings in C.C. No. 381 of 1998 on the file of the III Additional Judicial First Class Magistrate, Kakinada in which the petitioner-company is sought to be prosecuted for the offence under section 138 of the Negotiable Instruments Act. 3. The brief facts leading ....

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.... complainant. Accordingly, on 8-6-1998, the second accused who is said to be an employee of Janachaitanya Housing Company issued a cheque for an amount of Rs. 16,300 in favour of the complainant. Later on, the complainant presented the cheque at their Bank at Kakinada to be credited to her husband's account. The said cheque was returned with an endorsement 'insufficient funds.' 3A. Later on, th....

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....y the General Power of the complainant, it is stated that in the application, the complainant filed before the housing company for permitting her to withdraw from the contract and requesting the refund of money already paid by her, she made a request to send the money payable to her through the Development Manager of the company Sri V. Johar (Accused No. 2). She did not request the company to pay ....

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....instead of paying the amount to her, paid the amount to accused No. 2, that is a matter pertaining to a breach of contract or understanding between the complainant and the accused No. 1. That has no bearing on the criminal liability arising under section 138. The provisions in section 138 do not admit of any doubt that the person who is liable criminally for the bouncing of the cheque will be the ....