IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
S.Manickavasagam – Appellant
Versus
Balakrishnan – Respondent
| Table of Content |
|---|
| 1. details of petition and allegations. (Para 1 , 2 , 3) |
| 2. lack of representation for respondent. (Para 4) |
| 3. court's examination of maintainability absence of necessary parties. (Para 5 , 6) |
ORDER
This criminal original petition has been filed praying to quash the proceedings in STC.No.2577 of 2022 on the file of Metropolitan Magistrate, III Fast Track Court, Saidapet Chennai
2. The petitioner is the accused in the complaint lodged by the respondent for the offence punishable under Section 138 of NI Act on the allegation that the petitioner approached the respondent for financial assistance to the tune of Rs.30,00,000/- for his business development purpose. The entire loan amount was transferred in favour of the petitioner through RTGS by the respondent. In order to repay the said amount, the petitioner issued cheque towards partial discharge of his liability and on presentation, the same was returned for the reason ‘payment stopped by the drawer’. After causing statutory notice, the respondent lodged complaint and the same was taken cognizance by the trial court.
3. The learned counsel for the petitioner submits that the alleged cheque was issued by the company. Howe
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