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2023 Supreme(Mad) 2718

M. NIRMAL KUMAR
Kamala Thiagarajan – Appellant
Versus
Union of India Represented through, S. Krishnakumar, Chennai – Respondent


Advocates appeared:
For the Petitioners:N. Ramakrishnan, for M/s. Waron & Sai Rams & N.R. Elango, Senior Counsel For R. Vivekananthan, Advocates. For the Respondent: K. Ramanamoorthy, CGC.

JUDGMENT

(CommonPrayer: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the records in E.O.C.C.No.173 of 2016, on the file of the Additional Chief Metropolitan Magistrate, (E.O.- I) Egmore, Allikulam Complex, Chennai and quash the same.)

Common Order

1. Seeking to quash the proceedings in E.O.C.C.No.173 of 2016, pending on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai, the petitioners are before this Court with these petitions.

2. Since the issue involved in both the Criminal Original Petitions are one and the same, both the petitions were taken together and a common order is being passed.

3. The facts, which are absolutely necessary for deciding the present petitions, are as follows:-

(i) The Respondent lodged a private complaint against the Petitioners/A5 and A10 and other accused before the learned Additional Chief Metropolitan Magistrate, Chennai, on 14.12.2016, for offences under Sections 68, 628 r/w 211, 211(3C) and 211(1) r/w AS-1,2,18,19,26 & Schedule VI of the COMPANIES ACT and Sections 2 12, 217(2), 217(2AA) and 217(3) and Sections 2 53 and 266A of COMPANIES ACT 1956 and under Sections 177

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