KAVERI PLASTICS Vs. MAHDOOM BAWA BAHRUDEEN NOORUL

JUDGEMENT

(1.) Leave granted.

(2.) When the amount mentioned and demanded in the notice sent under Proviso (b) to Sec. 138 of the Negotiable Instruments Act, 1881, to the payee or the holder in due course of the cheque, is different from the amount for which the cheque was issued, whether the notice would stand valid in eye of law; whether a defence that such was a typographical error could be a ground which could be countenanced in law - are the questions falling for consideration in the present appeals.

(3.) Stated in brief, the facts in the background are inter alia that a complaint came to be filed by the appellant herein against the respondent-arraigned as accuse No.3, alleging that accused No.1-M/s. Nafto Gaz India Private Limited entered into Memorandum of Understanding with the appellant-complainant on 30/4/2012 relating to sale of land. A cheque bearing number 876229 dtd. 12/5/2012 drawn on the Indian Overseas Bank, R.K. Puram, Delhi for Rs.1,00,00,000.00 was issued by the accused No.1 in favour of the appellant, which returned dishonoured on the ground 'funds insufficient'.