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HIGH COURT OF MADRAS
Dr. G. Jayachandran, J
P.Saravana Kumar – Appellant
Versus
S.P.Vijaya Kumar – Respondent
| Table of Content |
|---|
| 1. petitioner is accused due to cheque issued from proprietary concern. (Para 2 , 3) |
| 2. debate on liability of authorized signatory versus the owner. (Para 4 , 5 , 9) |
| 3. principal-agent relationship context to cheque liability. (Para 10 , 16) |
| 4. references to case law define 'drawer' necessary for liability. (Para 11) |
| 5. final ruling establishes liability of the signatory under section 138. (Para 21) |
ORDER
This Criminal Original Petition has been filed praying to call for the records in C.C.No.2951/2019 pending on the file of the learned Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai, quash all further proceedings as against him in the said case in C.C.No.2951/2019.
2.The petitioner is the second accused in the private complaint laid under Section 138 of Negotiable Instruments Act, 1881 . He prays to quash the complaint against him on the ground that the subject cheque is issued from the account maintained by M/s Jaandar Apparels, a Proprietorix concern owned by the first accused Mrs.Thilagavathy. He is the authorised signatory of the Proprietorix concern to sign cheques, but he is not the drawer of the cheque on the account maintained by him. Therefor
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