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2023 Supreme(Mad) 2579

N. ANAND VENKATESH
R. Subash – Appellant
Versus
C. Vijay Anand – Respondent


Advocates appeared:
For the Petitioner:S. Anil Sandeep, Advocate. For the Respondent:J. Chelladurai Caldwell, Advocate.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in relating tot he proceedings in S.T.C.No.2465 of 2022 on the file of the Fast Track Court I, (Metropolitan Magistrate), Allikulam at Egmore and quash the same as against the petitioner.)

1. This petition has been filed to quash the proceedings in STC No.2465 of 2022 pending on the file of the Fast Track Court-I (Metropolitan Magistrate), Allikulam at Egmore.

2. The respondent has filed a complaint against the petitioner and another for the offence under Section 138 of the Negotiable Instruments Act. The petitioner has been arrayed as A2 in the complaint.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. The main ground that was urged before this Court is that A1 is the signatory in the cheque and the said cheque was issued by A1 in her individual capacity. In view of the same, it was contended that the complaint cannot be sustained as against A2 who is not the drawer of the cheque.

5. It is seen from the complaint that loan was obtained from the complainant and it was not repaid back. A legal notice was sent to A1 a

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