SOMASUNDARAM
These three petitions are preferred against an order passed by the Special First Class Magistrate, Madura, in C.C.Nos. 1, 2 and 3 of 1948 on his file.. The order in question was passed under section 540, Criminal Procedure Code, calling Mr.K.R. Venkatarama Aiyar to be examined in the case as a Court witness.
The petitioner is the second accused in the cases and the cases against him and another are for criminal breach of trust in respect of the moneys belonging to the Hindustan Bank of which the first accused was the agent and the petitioner herein, one of his constituents. A civil suit has been filed by the bank which is O.S.No. 65 of 1947 on the file of the Sub-Court, Dindigul, in which the petitioner and his father, the witness sought to be examined, have filed written statements. The suit also relates to the payment of moneys by the first accused to the second accused. The present prosecution is founded very much and is baxed upon the plaint allegations. The case of the prosecution appears to be that the first accused has dishonestly and fraudulently advanced large sums of money to the petitioner herein on securities which are either insufficient or which did not exist c
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