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2009 Supreme(Mad) 5855

V.PERIYA KARUPPIAH
Ketharignanam & Another – Appellant
Versus
N. Sasikumar – Respondent


Advocates appeared:
For the Petitioners:Ilanthirayan, M/s. Sai Bharath & Ilan, Advocates.
For the Respondent:K. Rajasekaran, Advocate.

Judgment

This petition has been filed by the 1st and 3rd in C.C.No.213 of 2007 before the lower court to quash the proceedings pending against them as not sustainable.

.2. The material facts submitted by the petitioners in the petition are as follows: The respondent as complainant had presented a complaint before the learned Judicial Magistrate II, Karaikal and it was taken on file in C.C.No.213 of 2007 for the alleged offence u/s. 464 and 420 I.P.C as a private complaint. The respondent as the complainant had averred that he was working as a salesman in one M/s. Ram Kumar Agencies from 2001 onwards and he was said to have entrusted 10 cheque leaves to the 2nd petitioner/A3 as a loyal, sincere and faithful worker and A3 did not settle salary dues and incentives to the respondent/complainant and one of the cheques entrusted by the respondent/complainant was handed over by the 1st and 3rd accused to one Mr.Prabakaran, son of Ramalingam who is also arrayed as 4th accused in the above complaint and it was typed by the 4th accused for a sum of Rs.3,80,000/- and the said cheque was dishonoured for the reason "funds insufficient" for which A4 preferred a complaint u/s. 138 of the Negotia







































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