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2008 Supreme(Mad) 994

P.R.SHIVAKUMAR
D. Mallika – Appellant
Versus
Panneer Selvam – Respondent


Advocates Appeared:
For the Appellants:T. Sivagnanam, Advocate.
For the Respondent:T. Murugamanickam, Advocate.

Judgment :-

The 3rd accused in STC.No.899 of 2006 on the file of the learned Judicial Magistrate No.1, Attur is the petitioner herein. This Criminal Original Petition has been filed for quashing the criminal proceedings initiated against the petitioner herein and two other persons based on the private complaint of the respondent herein for alleged commission of an offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act. According to the complaint, M/s. Palanimurugan Sago Factory, arrayed as the first accused in the complaint is a partnership firm of which the second accused/Dhanasekaran and Mallika, the third accused/petitioner herein are partners. Contending that the above said firm, through its partners, borrowed a sum of Rs.7,50,000/- from the respondent/complainant on 15.01.2006 for its business and to discharge its pressing debts; that on the same day, Dhanasekaran/second accused, as a partner of the first accused firm, with the consent and knowledge of the third accused/petitioner herein issued three post-dated cheques, each for a sum of Rs.2,50,000/- drawn in favour of the respondent/complainant putting the date in all the three cheques as

















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