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2024 Supreme(Online)(MAD) 13708

HIGH COURT OF MADRAS
T.V.THAMILSELVI, J
K.SIVARANJANI – Appellant
Versus
KULANDAIVEL – Respondent


ORDER

This Criminal Original Petition has been filed to quash the complaint in S.T.C.No.104 of 2021 on the file of Judicial Magistrate Fast Track Court, Tiruchengode.

2. Heard both sides.

3. The case of the respondent is that he is a proprietor conducting textile business of manufacturing stock and sale of hosiery yarn and production of clothing in the name and style of “Kulandaivel Textiles” and the petitioner as well as accused 3 and 4 are partners and conducting partnership business in the name and style of “Ragam Texitles”, who is A1 in the alleged complaint. The accused 3 and 4 purchased cloths on credit basis from the respondent/complainant herein. As per the ledger account and invoice bill, accused 3 and 4 are liable to pay a sum of Rs.9,23,859/- to the respondent, since they are recognised as authorised signatories of A1 partnership business. But, they failed to repay the amount, however, they have issued a cheque for a sum of Rs.8,96,025/-, but the same was returned as insufficient funds from the bank. Thereafter, he has issued a legal notice dated 27.01.2022 to them. Subsequently, the respondent preferred a complaint under Sec.200 of Cr.P.C. for the offence under Sec.138 of

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