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1989 Supreme(Mad) 428

JANARTHANAM
Anandaraj – Appellant
Versus
S. R. Jain – Respondent


Advocates Appeared:
K.A. Panchapagesan, for Petitioner.
J.I. Raj Kumar Roberts, for Respondent.

Judgment :

This is a petition filed under Sec.482 of the Code of Criminal Procedure to quash, the proceedings in C.C.No.513 of 1988 on the file of the Judicial Magistrate, Ambattur.

2. The respondent herein preferred a complaint before the Sub-Divisional Judicial Magistrate, Poonamallee on 6.9.1983 against the petitioner impleading him as the Treasurer of Shree Jain Sangh, Villivakkam and against three others, viz. (1) Shree Jain Sangh, Villivakkam, represented by its President Fathelal Ji, (2) Fathelal Ji, son of Sathya Danjee, President, Shree Jain Sangh, Villivakkam and (3) Ramlalji, son of Abeckand, Secretary, Shree Jain Sangh, Villivakkam for the alleged offences under Sec.56 of the Tamil Nadu Chit Funds Act and under Sec.403 read with Sec.34, I.P.C. and learned Magistrate took the complaint on file on 14.9.1983 against the petitioner alone for the said offences.

3. The allegation in the complaint were that the body corporate represented by its President Fathelalji, and the other office bearers of Shree Jain Sangh canvassed subscriptions for a chit for Rs.30,000 to be run by the Sangh. The respondent was also approached and it was represented that the Sangh had obtained the nec























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