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2009 Supreme(Mad) 3039

C.S.KARNAN
C. Arulprakash & Others – Appellant
Versus
S. P. Shanmugham – Respondent


Advocates Appeared:
For the Petitioners:N. Manokaran, Advocate.
For the Respondent:D. Selvaraj, Advocate.

Judgment :

Petition filed under Section 482 Cr.P.C to call for the records pertaining to the Criminal Proceedings in C.C.No.58 of 2003 on the file of the Judicial Magistrate No.I, Erode and quash the same. The above Criminal Original Petition has been filed by the petitioners/accused 3 to 5 to call for the records pertaining to the Criminal Proceedings in C.C.No.58 of 2003 on the file of the Judicial Magistrate No.I, Erode and quash the same.

2. The respondent/complainant has filed a case in C.C.No.58 of 2003 against 5 accused persons on an alleged offence under Sections 138, 141 and 142 of the Negotiable Instrument Act. The ingredients of the complaint revealed that the Accused No.1 is a partnership firm and Accused Nos. 2 to 5 are the partners of the same firm and looking after the day to day business of the partnership firm i.e., Accused No.1. The 2nd accused had approached the complainant on 03.09.2002 and borrowed a sum of Rs.1,50,000/- for the business needs of the partnership firm and for the benefits of the other Accused 2 to 5 herein, who are partners of the said firm. On behalf of the 1st accused firm, and on behalf of all the other accused, a post dated cheque bearing No.





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