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2010 Supreme(Mad) 23

C.T.SELVAM
P. S. Subramanian – Appellant
Versus
Mahalakshmi Chemicals Rep. by its Proprietor – Respondent


Advocates Appeared:
For the Petitioner:B. Natarajan, Advocate.
For the Respondent:S.N. Thangaraj, Advocate.

Judgment :-

This petition has been moved to quash the proceedings in C.C. No. 2320 of 2002 on the file of the VIII Metropolitan Magistrate, George Town, Chennai for an offence punishable under Section 138 of Negotiable Instruments Act. The accused therein is a company by name M/s. Imapro Formulations (P) Ltd. The complaint was preferred before the lower Court on 09.05.2002. At the time of filing of the complaint, the cause title did not reflect whom the accused company was to be represented by. Subsequently, by the order dated 10.10.2002 in M.P. No. 2930 of 2002 moved on behalf of the complainant, the trial Court permitted the complainant to include name of the petitioner herein as the representative of the accused company. This was challenged by the petitioner, but such challenge was negated by the trial Court. The petitioner had preferred Crl.R.C. No. 70 of 2004 before the learned 1st Additional Sessions Court, which was pleased to dismiss the revision. Thereafter, the petitioner has moved the present petition to quash the proceedings.

2. The learned counsel for the petitioner submits that it was for the complainant to be vigilant at the time of filing the complaint and there was








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