K.MOHAN RAM
Mohan Nair & Another – Appellant
Versus
M. S. Margasagayam – Respondent
1. With consent of the learned counsel on either side the Criminal Original Petition itself is taken up for final disposal.
2. The petitioners herein are the first and second accused in C.C.No.13578 of 2008 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai. The respondent herein filed a complaint under Section 200 Cr.P.C. against the petitioners herein and one Thiru.Jayagopal and the complaint has been taken on file for the offence under Sections 406 and 420 IPC and process has been ordered to be issued by the learned X Metropolitan Magistrate, Egmore, Chennai. On summons being served and after getting the certified copies of the relevant documents the petitioners have filed the above Criminal Original Petition seeking to quash all further proceedings in C.C.No.13578 of 2008. Before adverting to the contentions put forth by the learned counsel on either side, it is necessary to set-out in detail the allegations contained in the complaint and the sworn statement of the complainant for better appreciation of the case and the contentions put forth by the learned counsel for the petitioners.
3. In the complaint it is alleged as under:-
“The Complainant
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