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2023 Supreme(Mad) 3161

N. ANAND VENKATESH
Sugunabhai @ Suguna – Appellant
Versus
Mathiyazhagan – Respondent


Advocates appeared:For the Petitioner:K. Sasindran, Advocate. For the Respondent:B. Jagannath, Advocate.

JUDGMENT

(Common Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the complaint in STC.Nos.199 and 201 of 2022, on the file of the District Munsif cum Judicial Magistrate, Kattumanarkoil.)

Common Order:

1. The issue involved in both these petitions are common and hence, they are taken up together, heard and disposed of through this common order.

2. These petitions have been filed to quash the proceedings in STC.No.199 of 2022 and STC No.201 of 2022, pending on the file of the District Munsif cum Judicial Magistrate, Kattumannarkovil.

3. The respondent had filed two complaints against the petitioner for offence u/s.138 of the Negotiable Instruments Act, 1881 based on two cheques which are said to have been issued by the petitioner in favour of the respondent for a liability which arose through a lease agreement entered into between the parties.

4. These quash petitions have been filed by the petitioner mainly on the ground that the cheque was issued by the Partnership Firm and the cheque was signed by the petitioner in her capacity as a partner and whereas the Partnership Firm has not been made as an accused an

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