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2022 Supreme(Mad) 3446

K. MURALI SHANKAR
A. Gnanasekeran – Appellant
Versus
A. Vijayasekaran – Respondent


Advocates appeared:
For the Petitioner:M. Ajmalkhan, Senior Counsel for V .Nagarajan, Advocate. For the Respondent:S. Shanmuga Velayutham, Senior Counsel for T. Antony Arul Raj, Advocate.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 Cr.P.C, to call for the records relating to the complaint dated 15.07.2019 under Section 138 and 142 of the Negotiable Instruments Act, in S.T.C.No.997 of 2019 on the file of the Judicial Magistrate No.I, Sivakasi and quash the same.)

1. This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the case in S.T.C.No. 997 of 2019, pending on the file of the Court of Judicial Magistrate No.I, Sivakasi and quash the same.

2. The petitioner is the sole accused and the respondent has filed a private complaint under Section 200 Cr.P.C., against the petitioner for the offences under Section 138 r/w 142 of the Negotiable Instruments Act. Admittedly, the petitioner and the respondent are blood brothers. It is not in dispute that their father Ayyanathan had 9 children viz., Rajasekaran, Chandrasekaran, Suriyaprabha, Gunasekaran, A.Vijayasekaran (complainant), A.Gnanasekaran (Accused), Chandraprabha, Rathnaprabha and Dhanasekaran, that their brother Chandrasekaran died on 25.03.1991 and their father died on 06.06.2002 and that after separation of s

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