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2007 Supreme(AP) 1167

S.PALANIVELU
Terry Gold India Ltd. – Appellant
Versus
TVS Finance and Services Ltd. – Respondent


Advocates appeared
Mr. V. Krishnamoorthy, Counsel for the Petitioners.
Mr. B. Kumar, Senior Counsel, for P.H. Manoj Pandian, Counsel for the Respondents.

ORDER

While Criminal O.P. No. 23367 of2006 has been filed praying for quashing of the proceedings in C.C. No. 6010 of 2005 pending on the file of. XI Metropolitan Magistrate, Saidapet. Chennai, Criminal O.P. No. 1945 of 2007 if for the similar relief with regard to C.C. No. 14666 of 2006, pending on the file of III Metropolitan Magistrate, George Town, Chennai. .

2. Since both the petitions involve an identical issue as also the parties are same, a common order is being passed.

3. Learned counsel have advanced arguments for both the petitions and placed their contentions on the same set of legal positions.

4. The gist of the averments in C.C. No. 6010 of 2005 (Criminal O.P. No. 23367 of 2006) is as under:

4.1 First petitioner/accused, represented by second and third petitioners/accused, misled the respondent/complainant by making false representations with a dishonest intention and inducing the respondent to provide lease finance facility for the machineries. On 31-7-1995, such facility for Rs. 72,80,000/was provided by the respondent, by letting on lease the machinery to the first accused, on the basis of a lease agreement. The first accused company also issued post-dated cheques and d









































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