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2008 Supreme(Mad) 879

M.JEYAPAUL
Schematic Engineering Company – Appellant
Versus
Pure Chemical & Solvents (P) Ltd. – Respondent


Advocates Appeared:
For the Petitioner:N. Baskaran, Advocate.
For the Respondent:K. Srinivasan, T. Ashok Kumar, Advocates.

JUDGMENT :-

These criminal original petitions are filed seeking to quash the criminal proceedings in C.C.No.2606 of 2007 and C.C.No.2607 of 2007 pending on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai.

2. Both the petitions are taken up for common disposal as both the parties are one and the same and common issues have arisen in both the matters, though the criminal complaints have been laid in connection with two different cheques.

3. The petitioner in both the Criminal Original Petitions is the first accused in C.C.Nos.2606 and 2607 of 2007 pending on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai. The respondent in both the matters is the complainant in the respective cases.

4. The allegation found in the complainants filed for an offence punishable under section 138 of the Negotiable Instruments Act is that the petitioner who is the Proprietrix of M/s.Schematic Engineering Company, Ambattur, Chennai, issued cheques through the other accused S.P.Mohan Subramanian, the authorised signatory of M/s.Schematic Engineering Company towards the subsisting liability arisen out of the supply of chemicals and solvents on credit by the respon













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