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2006 Supreme(Online)(Mad) 4

MADRAS HIGH COURT
M. Jeyapaul, J.
A. Subramanyam and Others v. M/s. Shabbir Enterprises


Table of Content
1. petitions for quashing pending cases. (Para 1 , 2)
2. challenges against statutory provisions. (Para 3 , 4)
3. discussion on the validity of the complaint. (Para 5 , 6)
4. final ruling on the petitions. (Para 7)

1. Criminal Original Petitions are to call for the records in C. C. Nos. 6156, 6157, 6159, 6160, 6158 of 2004 on the file of the learned Metropolitan Magistrate No. VII, George Town, Chennai and to quash the same.

2. The petitioners who are accused in C. C. Nos. 6156, 6157, 6159, 6160, 6158 of 2004 on the file of the learned Metropolitan Magistrate No. VII, George Town, Chennai, moved these Criminal Original Petitions, seeking quashment of those Calender Cases, pending on the file of VII Metropolitan Magistrate, George Town, Chennai.

3. The petitioners are the accused in five cases under S.138 of the Negotiable Instruments Act .

4. The ground on which the criminal proceedings are sought to be quashed are:
(a) The complainant has not chosen to state specifically that the petitioners were responsible for the conduct of the business of the Company at the time of commission of the offences.
(b) The statutory notices issued by the complainant were admittedly not recei



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