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1994 Supreme(Mad) 115

PRATAP SINGH
G. S. SUBRAMANIAM – Appellant
Versus
ENGU SHA – Respondent


Advocates:
For the Appearing Parties:V. Manoharan, Advocate.

Judgment :

PRATAP SINGH, J.

( 1 ) - The first accused in C. C. 4448/90 on the file of XVII Metropolitan magistrate, Saidapet, has filed this petition under Section 482, Cr. P. C. , praying to call for the records in the above case and quash the same.

( 2 ) SHORT facts are : The respondent has filed the private complaint against the petitioner and Janakirama arraying them as accused 1 and 2 for offences punishable under Sections 408, 409 and 420 read with 34 I. P. C. and Section 138 Negotiable instruments Act. The allegations in it are briefly as follows : the complaints son was unemployed for quite long time. The complainant wanted to settle him in life. The first accused is the father-in-law of the second accused. They approached the complainant in December, 1987 and represented to him that they own a brand new printing press machine and all other accessories and they intend to sell it for Rs. 42,000/- and assures that there is no charge or lien or loan against the said printing press. Believing their representation to be true, the complainant inspected the printing press and agreed to purchase the same at Rs. 42,000/ -. The first accused fixed the price of Rs. 42,000/-and prepare



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