The appellant filed a criminal appeal against the Madras High Court's order which quashed a complaint filed by the appellant against the respondents under Section 138 of the Negotiable Instruments Act, 1881. The High Court quashed the complaint because the statutory notice was not issued to the partnership firm, and the firm was not arraigned as an accused.
The appellant advanced a loan of Rs. 21,00,000/- to the respondents' partnership firm, 'Mouriya Coirs'.
Respondent No. 1 issued a cheque for Rs. 21,00,000/- in favor of the appellant from the firm's account.
The cheque was dishonored because the partnership firm's account had been frozen.
The appellant issued a statutory notice to the respondents demanding discharge of the debt.
The appellant filed a complaint under Section 138 of the Negotiable Instruments Act before the Judicial Magistrate No. II, Pollachi.
The respondents filed a Criminal Original Petition before the High Court to quash the complaint.
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The Madras High Court allowed the Criminal…
The Supreme Court set aside the High Court's…
The appellant filed a criminal appeal against the Madras High Court's order which quashed a complaint filed by the appellant against the respondents under Section 138 of the Negotiable Instruments Act, 1881. The High Court quashed the complaint because the statutory notice was not issued to the partnership firm, and the firm was not arraigned as an accused.
The appellant advanced a loan of Rs. 21,00,000/- to the respondents' partnership firm, 'Mouriya Coirs'.
Respondent No. 1 issued a cheque for Rs. 21,00,000/- in favor of the appellant from the firm's account.
The cheque was dishonored because the partnership firm's account had been frozen.
The appellant issued a statutory notice to the respondents demanding discharge of the debt.
The appellant filed a complaint under Section 138 of the Negotiable Instruments Act before the Judicial Magistrate No. II, Pollachi.
The respondents filed a Criminal Original Petition before the High Court to quash the complaint.
…The Madras High Court allowed the Criminal…
The Supreme Court set aside the High Court's…