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2016 Supreme(Mad) 1880

P.N.PRAKASH
K. Rajagopalan – Appellant
Versus
Srinivasa Engineering Works represented by its Managing Partner A. Perumal T. S. No. 3, SIDCO Industrial Estate Mettur Dam – Respondent


Advocates Appeared:
For the Appellant : Mrs. Chitra Sampath, Sr. Counsel, Dr. P. Jagadeesan
For the Respondent: Mr. R. Nalliyappan, Mr. B. Kumar, Sr. Counsel

ORDER :

While Crl.O.P. No.27882 of 2015 is filed to set aside the order dated 14.09.2015 passed in Memo in S.T.C. No.2668 of 2014 on the file of the Judicial Magistrate No.II, Mettur, Crl.O.P. No.1372 of 2016 is filed to call for the records pertaining to S.T.C. No.2668 of 2014 on the file of the Judicial Magistrate No.II, Mettur and quash the said complaint in S.T.C. No.2668 of 2014 filed by the respondent.

2. For the sake of convenience, the parties will be referred to by their name.

3. Rajagopalan [the complainant in the case filed under Section 138 of the Negotiable Instruments Act, 1881 (for brevity “the Act”) and the petitioner in Crl.O.P. No.27882 of 2015] launched a prosecution in S.T.C. No.2668 of 2014 before the Judicial Magistrate Court No.II, Mettur, for an offence under Section 138 of the Act against Sri Srinivasa Engineering Works and its Partners (Accused in S.T.C. No.2668 of 2014 and petitioners in Crl.O.P. No.1372 of 2016).

4. It is the contention of Rajagopalan that he is a good friend of A.Perumal (A2 / Managing Partner of Sri Srinivasa Engineering Works) and together, they entered into partnership in certain ventures.

5. The long and short of K. Rajagopalan's story

































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