M.JEYAPAUL
S. Madan Kumar – Appellant
Versus
K. Arjunan – Respondent
(Petition under Section 482 of Criminal Procedure Code praying for issuance of a direction to call for the records relating to C.C.No.1125 of 2003 on the file of the learned Judicial Magistrate, Tambaram and quash the same.)
The petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No.1125 of 2003 on the file of the learned Judicial Magistrate, Tambaram.
2. The petitioner is the accused in a case under Section 138 of the Negotiable Instruments Act. He filed a petition on an earlier occasion under Section 482 of the Code of Criminal Procedure and the same was dismissed on the ground that the case was already taken up for trial by the learned Judicial Magistrate, Tambaram. The petitioner was given liberty to raise all the factual contentions before the learned Judicial Magistrate, Tambaram during the course of trial.
3. Now this petition is filed for quashing the proceedings on the ground that the complaint does not whisper about the non payment of the amount demanded by the complainant from the accused through his statutory notice.
4. Learned counsel for the petitioner would submit that the second petition under Section 482 of
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