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2018 Supreme(Mad) 2310

M.NIRMAL KUMAR
Jinnah Creations, Rep. by its Proprietor, M. A. Jinnah – Appellant
Versus
Gemini Colour Laboratory, Unit of M/s. Gemini Industries and Imaging Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.Y. Masood.

ORDER :

1. This Criminal Original Petition is filed to call for the records in C.C.No.221 of 2009 dated 05.01.2009 on the file of the XXIII Metropolitan Magistrate Court, Saidapet, Chennai and quash the same.

2. The petitioners/accused in a case instituted by the respondent/complainant for the offence under Section 138 of the Negotiable Instruments Act in C.C.No.221 of 2009 pending on the file of the XXIII Metropolitan Magistrate Court, Saidapet, Chennai. The above quash petition has been filed by the petitioners/accused.

3. The case of the petitioners is that the petitioners had approached the respondent/complainant, who are engaged in the business of Cine finance and Film producing, processing motion picture related activities. During the course of business, the petitioners/accused had approached the complainant for finance for a film produced by them. The petitioners are the film producers, for their business needs the petitioners had approached the complainant for financial assistance entering upon into an agreement. The respondent/complainant had extended financial assistance. The cheques were issued for the loans obtained.

4. The learned counsel for the petitioners submitted that







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