IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
R.A.A.S.Arun – Appellant
Versus
V.Venkatesh @ Venkatesan – Respondent
| Table of Content |
|---|
| 1. petition to quash cheque dishonour complaint. (Para 1 , 2) |
| 2. dispute over partnership firm impleadment. (Para 3 , 4) |
| 3. vicarious liability requires firm as principal accused. (Para 5 , 6) |
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in STC.No.997 of 2022 on the file of the Fast Track Court Magistrate Level, Poonamallee.
2. The petitioner is the accused in the complaint lodged by the respondent for an offence under Section 138 of the Negotiable Instruments Act. The complaint was lodged by the respondent alleging that the petitioner had borrowed a sum of Rs.4,00,000/- from the respondent during January, 2022 to run his real estate business on condition to repay the said sum together with interest at the rate of 24% per annum and in order to repay the said amount, the accused issued cheques and when the same were presented for collection, they were dishonoured for the reason ‘Account closed’. After issuance of notice, a complaint was lodged by the respondent against the petitioner under and the same has been taken cognizance by the trial Court on file in STC No.998 of 2022.
3. The learned counsel appearing for the petitioner would
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