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2007 Supreme(Ker) 59

V.K.BALI, KURIAN JOSEPH, K.BALAKRISHNAN NAIR
Meenakshi Sathish – Appellant
Versus
Southern Petrochemical Industries – Respondent


Judgment :-

K. Balakrishnan Nair, J.

The common question that arises for decision in these cases is whether this Court can quash a complaint filed under S.138 of the Negotiable Instruments Act before the Judicial First Class Magistrate's Court - I, Coimbatore and issue a writ of prohibition against the said court from proceeding with the case, in so far as the same concerns the writ petitioner. Since the facts and the questions of law involved are the- same, these cases are heard together and disposed of by this common judgment.

W.P.(C)No.21289/2005:

2. This Writ Petition is treated as the main case. The petitioner was a partner of the 2nd respondent firm, which is an unregistered partnership firm. The 1st respondent is a Company registered under the Indian Companies Act, engaged in the manufacture of Fertilizers and Agro-chemicals. The 2nd respondent was marketing the goods manufactured by the 1st respondent. The petitioner retired from the partnership with effect from 1.4.2001. For the amounts due from the 2nd respondent to the 1st respondent, the 2nd respondent had issued certain cheques. Three of those cheques drawn on various dates in December, 2003, when presented by the 1st res


















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