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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SATHI KUMAR SUKUMARA KURUP, J
Duraisamy – Appellant
Versus
P. Shanmugham – Respondent
| Table of Content |
|---|
| 1. allegations of embezzlement and misappropriation. (Para 2 , 3) |
| 2. details of transactions and claims made by the accused. (Para 4 , 5) |
| 3. arguments regarding the dismissal of the complaint. (Para 6 , 7) |
| 4. court's analysis and reasoning on the burden of proof. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. final decision on the appeal. (Para 14) |
JUDGMENT
This Criminal Appeal had been filed under Section 378 of the Code of Criminal Procedure against the judgment dated 14.02.2017 passed in C.C. No. 87 of 2009 on the file of the learned Judicial Magistrate-III, Cuddalore.
2. The Appellant in this Appeal is the Complainant in C.C. No. 87 of 2009 in which it was contended that the Complainant, Accused and some others have started a firm in the name and style of Seven Hills Cotton Industries Private Limited during the year 1989. The said firm was also registered before the Registrar of Companies on 03.01.1989 under Registration No. 18-16693/1989. The said firm was started for production of cotton from waste cotton and sale thereof. Even though several persons served as Directors of the firm, at the time of alleged occurrence, the Complainant and the Accused alone were carrying on the
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