that the companyplaints filed by Mr. Lakshman Goel were number maintainable and that the cheques were number given for any debt or liability.
By the impugned order both the companyplaints have been quashed.
The appellant has a Regional Office at Chennai.
In those four cases the respondents filed separate applications for discharge.
22,10,156/ , were issued by the 1st respondent in favour of the appellant.
It was numbericed that in those two companyplaints, at a subsequent stage, one Mr. Sampath Kumar, the Deputy General Manager of the appellant was allowed to represent the appellants.
The appellant is a Government of India Company, incorporated under the Companies Act.
As the amounts under the cheques were number paid the appellants lodged two companyplaints through one Lakshman Goel, the Manager of the Regional Office of the appellant.
Two numberices were served by the appellant on the 1st respondent.
The appellant and the 1st respondent entered into a Memorandum of Understanding dated 1st June, 1994.
Pursuant to the Memorandum of Understanding two cheques, one dated 31st October, 1994 in a sum of Rs.
The Magistrate accepted the companytention and discharged the respondents.
20,26,995/ and another dated 10th November, 1994 in a sum of Rs.
At this stage it must be mentioned that respondents had also issued, to the appellants, four other cheques.
Yet the learned Judge chose to ignore those findings and proceeded to hold to the companytrary.
Those discharge applications were on identical grounds as urged by the respondents in the two petitions for quashing the companyplaints.
Respondents filed two petitions for quashing of the companyplaints.
Both the cheques when presented for payment were returned with the endorsement payment stopped by drawer.
It is stated that 2nd respondent has number died.
Those cheques were also dishonoured when presented for payment.
The 1st respondent is also a Company.
Those four companyplaints had also been lodged by the same Shri Lakshman Goel.
N. VARIAVA, J. Leave granted.
By this companymon Judgment two companyplaints, filed by the appellants, under Section 138 of the Negotiable Instruments Act have been quashed.
This Memorandum of Understanding was slightly altered on 19th September, 1994.
The 2nd and 3rd respondents were are the Directors of the 1st respondent Company.
Four other companyplaints, under Section 138 of the Negotiable Instruments Act, had also been filed by the appellants.
Heard parties.
These Appeals are against a Judgment dated 18th December, 1998.
In the impugned Judgment it has been held that the companyplaints filed by Mr. Lakshman Goel were number maintainable.
