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2006 Supreme(Mad) 698

M.JEYAPAUL
Y. Banumoorthy – Appellant
Versus
R. Janakiraman – Respondent


Advocates Appeared:For the Petitioner:Mr. I. Paul Nobel Devakumar, Advocate. For the Respondent:Mr. P. Krishnan, Advocate.

Judgment :-

(Petition under Section 482 of Criminal Procedure Code praying for issuance of a direction to call for the records in C.C.No.282 of 2003 on the file of the learned Judicial Magistrate No.1, Arakkonam and quash the same.)

The petition is filed seeking quashment of the criminal proceedings in C.C.No.282 of 2003 pending on the file of the learned Judicial Magistrate, Arakkonam.

2. The petitioner is the second accused in a case under Section 138 of the Negotiable Instruments Act.

3. It has been alleged in the complaint lodged by the respondent herein that the first accused was appointed as the General Power of Attorney of the second accused, who is the sole proprietor of M/s.Devika Engineering Contractors and was entrusted with the contract work as the second accused was not able to complete the contract work. A Memorandum of Understanding was executed between the parties on 21.8.1998.

4. It is further alleged that the first accused, who is the General Power of Attorney agent of the second accused, borrowed a sum of Rs.2 lakhs on 10.1.2002 and another sum of Rs.3,35,000/- on 11.2.2002 as hand loan from the complainant and issued two cheques for the aforesaid amounts. When thos
















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