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1981 Supreme(Mad) 590

M.N.MOORTHY
K. S. Narayanan and Others – Appellant
Versus
S. Gopinathan – Respondent


Advocates Appeared:S. Govind Swaminathan, A. Mylsami, G. Ramaswami, R. Malick, A. Thirumurthi, Advocates.

Judgment :-

Cr.M.P. 4496 of 1978 - This is a petition filed under S. 482 Crl.P.C. by the accused in C.C. 23771 of 1978 on the file of the II Additional Metropolitan Magistrate, Egmore, Madras to call for the records in that case and quash the proceedings

2. According to the private complaint filed by the complainant, who is the respondent in this petition, he is a shareholder in the India Cements Ltd. and accused 1 to 5, who are petitioner 1 to 5 herein, are the directors of the said public limited company which is having its registered office at Dhun Buildings, No. 175/1 Mount Road, Madras 2. The sixth accused, who is the sixth petitioner herein, is the brother of the first accused and he is the General Manager of the factory of the said company at Sankaranagar, Talaiyuthu, Tirunelveli. The seventh accused, who is the seventh petitioner herein, is the Secretary of the said company. According to the complaint, accused 1 to 7 have entered into a conspiracy at Madras to defraud the funds of the India Cements Ltd. and misappropriate the same through various methods in order to enrich themselves at the expense of the shareholders. The misappropriation was between 1-4-1976 and 31-3-1977


















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