M.JEYAPAUL
Manivannan and Another – Appellant
Versus
P. R. Adhikesavan – Respondent
1. Criminal Original Petition No. 2326 of 2007 is filed seeking quashment of the entire criminal proceedings in CC No. 44 of 2003 and Crl. OP No. 2327 of 2003 is filed seeking quashment of the criminal proceedings in CC No. 382 of 2002 on the file of the learned Judicial Magistrate I, Poonamallee.
2. The petitioners face the charges under S.410, 411, 414, 415, 420 and 425 of the Indian Penal Code along with other accused in CC No. 382 of 2002. The petitioners are also facing a case under S.138 of the Negotiable Instruments Act in CC No. 44 of 2003.
3. The case of the respondent / complainant is that the petitioners, who are closely related to the complainant took away the Maruti Van of the respondent of permission in the guise of paying visit to their relatives. They never returned the vehicle as promised, but they by entered into an agreement of sale with the third accused and thereafter sold the vehicle to the fourth accused, who in turn, sold the same to the fifth accused in CC No. 382 of 2002. The said occurrence took place during the first week of August, 2001. Thereafter, the respondent laid a complaint on 31/02/2001 with the police concerned. As they had not taken
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