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2007 Supreme(Mad) 2064

S.TAMILVANAN
Engineers & Fabricators India represented by Radhakrishnan @ Rajan – Appellant
Versus
Salem Stainless Steel Suppliers represented by its Partner – Respondent


Advocates:
For the Petitioner:B. Rajendran, Advocate. For the Respondent:
A.K. Parthasarathy, Advocate.

Judgment :-

This Criminal Revision Case has been preferred against the order dated 012. 2004 made in Crl.M.P.No.462 of 2003 in C.C.No.1978 of 2000 on the file of VIII Metropolitan Magistrate, George Town, Chennai.

2. It is seen that the case was taken on file on the basis of the complaint given by the respondent herein under Section 138 r/w. Section 141 of Negotiable Instrument Act against the petitioner/accused. Subsequently, the revision petitioner herein has filed Crl.M.P.No. 462 of 2003 before the trial Court under Section 258 Cr.P.C for discharge. According to the revision petitioner / accused he was not the signatory of the alleged cheques that were dishonoured. Hence, there is no criminal liability, as against the revision petitioner, due to the issuance of the cheque bearing Nos. 546363 to 54365 dated 111. 1999, 112. 1999 and 15.01.2000 drawn on Lord Krishna Bank Ltd., Coimbatore for a sum of Rs.50,000/-each. The trial Court dismissed the petition filed under section 258 Cr.P.C. as no merits.

3. It is not in dispute that the revision petitioner Radhakrishnan alias Rajan is a partner in the firm which issued the cheques, that were subsequently dishonoured due to insufficien



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