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1990 Supreme(Mad) 290

PADMINI JESUDURAI
Grahadurai and Others – Appellant
Versus
Subash Chandra Bose – Respondent


Appearing Advocates:N. T. Vanamamalai, V. Gopinath, M. Rajasekaran, Mrs. Nalini Chidambaram, V. N. Santhanam, P. Radhakrishnan, A. Chandrasekaran< Advocates.

Judgment :-

The accused, against whom the respondent has preferred a complaint for offences u/Ss. 406, 420 and 477-A I.P.C. pending before the Judicial Magistrate, Sivakasi as SC No. 3 of 1990 invoke the inherent powers of this Court u/S. 482 Cr.P.C. to quash the above proceedings.

2. The allegations made in the complaint are briefly as follows : Petitioners 1, 2 and the respondent are brothers and the 3rd petitioner is the sons of the second petitioner. They and one Ramamurthy and one A. B. Athiban are partners of the National Fire Works Factory by virtue of a partnershipdeed dated 24-3-1983, the principal place of business being No. 74/1, Police Station Road, Sivakasi. The above National Fire Works Factory consists of several units numbering 32 as mentioned in the complaint. The first petitioner being the eldest of the partners had been managing the day-to-day administration of the fire and was carrying on all the business transactions for and on behalf of the partners. Under a special agreement, he was entrusted with this administration and was having dominion over all the movable and immovable properties of the firm. Petitioners 2 and 3 were actively assisting him, while the oth
















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