that the Plaintiff Company, registered under the Companies Act, was carrying on the business of buying and selling of steaming (non coking) coal. The 1st Defendant Firm had purchased 5000 MT of steaming (non coking) coal from one M/s.Perfect Stone Limited. The 1st Defendant, by letter dated 4.5.2004, had requested the Plaintiff to pay the customs duty and other freight charges for such purchase since they had no sufficient funds, agreeing to repay the said charges with profit at the rate of Rs.490/- per MT of coal. On such request, the Plaintiff had paid the customs duty, etc. to the tune of Rs.24,50,000/-. When the Plaintiff had raised a debit note, dated 10.06.2004, the 1st Defendant, accepting its liability to the tune of Rs.23,75,000/-, issued a cheque no.410657, dated 27.09.2005, drawn on ABN Amro Bank for a sum of Rs.23,75,000/- to the Plaintiff. When the Plaintiff had presented the said cheque with its Banker for encashment, it was dishonoured, vide return memo dated 26.10.2005, with an endorsement 'funds insufficient', which was communicated to the Plaintiff on 27.10.2005. Hence, the Plaintiff had issued a legal notice, dated 21.11.2005 to the Defendants, calling upon them to pay the cheque amount within 15 days, to which, the Defendants had sent a reply dated 08.12.2005, with untenable contentions and to the said reply, the Plaintiff had also sent a further reply dated 3.1.2006. Thereafter, the Plaintiff had filed a criminal complaint against the Defendants in CC.No.3335 of 2006, on the file of the 13th Metropolitan Magistrate, Egmore, Chennai under Section 138 of the Negotiable Instruments Act and the same is pending. Till date, the Defendants have not come forward to
