1. The petitioner, praying to call for the records in C.C.No.4628 of 2000 on the file of the Court of VII Metropolitan Magistrate, George Town, Chennai and quash the same, has come forward to file the above criminal original petition on averments such as that the petitioner is a limited company doing business in drip irrigation system and more than 150 persons are working in the company; that during the course of business, the petitioner borrowed a sum of Rs.25lakhs from the respondent and subsequently, it was repaid with interest, but the respondent, with fraudulent intention and to harass the petitioner, filed an application under Section 439(1)(b) read with Section 433(e) and (f) and 434 (1)(a) of the Companies Act before this court in Company Petition No. 529 of 2000 for winding up of the petitioners company, which is pending.

2. The petitioner would further submit that suppressing the fact of filing of C.P. 529 of 2000 before this court, the respondent filed a private complaint contemplating the offences punishable under Section 406 and 420 read with 34 Indian Penal Code before the Court of VII Metropolitan Magistrate, George Town, Chennai alleging that the petitione