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2019 Supreme(Mad) 2800

M.NIRMAL KUMAR
Ashok Giri – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : N.L. Raja, Senior Counsel for V. Thirugnanasampantha Moorthi and S. Ananihanarayanan, Senior Counsel for S.M. Nandhie Devhan
For the Respondents:Hari Hara Arun Somasankar, Government Advocate, C. Selvaraju, Senior Counsel for S. Nishanthi

ORDER :

M. Nirmal Kumar, J.

1. Criminal Original Petition is filed by the petitioners/A1 and A2 to quash the proceedings in CC No. 7185 of 2017 on the file of the Special Metropolitan Magistrate for CCB Cases and CBCID Cases, Allikulam, Egmore, Chennai for the offence under Sections 406, 409, 420, 468 and 471 r/w 34 of IPC.

2. On the complaint of 2nd respondent, the 1st respondent registered a case in Crime No. 163 of 2012 and on completion of the investigation, filed a final report, citing LW 1 to LW 21 as witnesses and documents. Against which the present quash petition.

3. The brief facts of the case is that the 2nd respondent initially started a Proprietary concern in the name of M/s. Vaishnovi Infrastructure Engineering Private Limited (VIEPL) in the year 1997. Later converted the Proprietary concern into a company. During the year 2006, the 1st petitioner joined 2nd respondent's company. During 2007 he was looking after the Accounts Administration, Income Tax, Bank Job, New Auditors, Customers, Suppliers and E.R.P New Software. The defacto complainant was taking care of Mathuranthagam unit of the company, keeping faith and trust on the 1st petitioner. The defacto complainant did

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