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1999 Supreme(Mad) 528

M.KARPAGAVINAYAGAM
Gummadi Industries Ltd. And Another – Appellant
Versus
Khushroo F. Engineer – Respondent


Appearing Advocates:For the Petitioners:Arvind P. Datar, Advocate. For the Respondent:R. Sivaprakasam, Advocate.

Judgment :-

Crl. O.P. Nos. 387 and 388 of 1999 and Crl. R.C. Nos. 1242 and 1248 of 1998 are being disposed of in this common order as the issues and the parties are the same.

2. The petitioners 1 and 2 are the accused in C.C. Nos. 7157 and 7158 of 1998 on the file of the XVIII Metropolitan Magistrate, Saidapet, Madras arising out of the private complaint filed by the respondent for the offence under Section 138 of the Negotiable Instruments Act.

3. The petitioners in M.P. Nos. 1003/98 and 1004/98, in both these cases, filed a petition before the trial Court, to discharge the accused. The respondent filed a counter. After hearing the counsel for the parties, the learned XIII Metropolitan Magistrate, Saidapet, Madras dismissed these petitions. Aggrieved over these orders, these two revisions have been filed before this Court. This Court admitted both the Revisions and ordered notice on 13-11-98.

4. At this stage, the petitioners filed quashing applications in Crl. O.P. Nos. 387 and 388 of 1999, i.e., C.C. Nos. 7157 and 7158 of 1998 on the file of the XVIII Metropolitan Magistrate, Saidapet, raising some more grounds, in addition to the grounds raised in the connected Revisions, viz.,


































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