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Madras High CourtCRL RC/170/2018dismissed

Mrs.Rupa Kanaiya, Aged 53 Yrs, v. Mr.N.Rajesh,

2022-10-26Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.R.C.No.170 of 2018 G.K.ILANTHIRAIYAN, J.

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioners.

2. The learned counsel appearing for the petitioners submitted that some typographical error has been crept in Paragraph 2 of the order dated 26.10.2022. Hence, he prayed for suitable directions.

3. Considering the submission made by the learned counsel appearing for the petitioners, the paragraph No.2 in the order dated 26.10.2022 in Crl.R.C.No.170 of 2018 shall read as follows:- " 2. The revision petitioners are accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act. The crux of the complaint is that on 08.10.2002, the petitioners borrowed a sum of Rs.15,00,000/- to develop the export business. As requested by the petitioners, the respondent had lend a loan by way of two cheques dated 08.10.2002 of a sum of Rs.10,00,000/- and Rs.5,00,000/- drawn on ABN-AMRO Bank. It was duly en-cashed by the petitioners, who promised to repay the said loan with interest

at the rate of 15%. They also executed two promissory notes in favour of the respondent herein. However, the petitioners failed to return the amount and as such the respondent caused notice on 15.09.2003. After repeated request by the respondent, the petitioners issued three cheques for a sum of Rs.5,00,000/- each. All the cheques, when presented for collection, were returned for the reason the account maintained by the petitioners are attached from the order of Provident Fund Commissioner and refer to Drawer. Therefore, the respondent caused statutory notice on 15.04.2004 and lodged a complaint. "

4. Registry is directed to correct the order dated 26.10.2022 in Crl.R.C.No.170 of 2018, as above and issue order copy a fresh. 24.02.2023 Note: Issue Order copy on 27.02.2023 mn

G.K.ILANTHIRAIYAN, J.

mn Crl.R.C.No.170 of 2018 24.02.2023