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2007 Supreme(Mad) 3273

S.PALANIVELU
Nachi Exports, rep. by its Proprietor V. E. Periannan – Appellant
Versus
T. K. Thiruvengadam & Sons & Another – Respondent


Advocates:
For the Petitioner:G. Anand, Advocate. For the Respondents:----.

Judgment :-

These revisions have been filed against the orders, dated 27.02.2007, passed in M.P.Nos.653 and 654 of 2007 in C.C.No.4851 of 1996 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai, whereby the requests of the petitioner to declare second respondent as a proclaimed offender and to attach his properties, were rejected.

2. Briefly stating, the facts are as under :

2. 1. Petitioner is a proprietary concern, engaged in export of cashew kernels. Respondent No.1 is a partnership firm and respondent No.2 is the Managing Partner, who agreed with the petitioner to arrange cashew kernels for export, but he did not do so, after accepting the cheque, which later got bounced. In the first respondent firm, there were three partners, by name, T.Selvam, T.Muthukrishnan and T.Vijayarangan, who are siblings of second respondent.

2. 2. Petitioner preferred a private complaint in C.C.No.4851 of 1996 on the file of XVIII Metropolitan Magistrate Court, Saidapet, Chennai, against the respondents and the respondents were found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act; whereby first accused was sentenced to pay a fine of Rs.5,000/-, in d






























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