2017 (8) TMI 198

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....rein. The petitioner herein filed this quash petition, to quash the complaint given by the respondent herein against the petitioner herein and others before the Judicial Magistrate No.I, Namakkal in C.C.No.256 of 2013 under Section 138 of the Negotiable Instrument Act. The respondent herein filed the above complaint under Section 138 of Negotiable Instrument Act. As per the complaint of the respondent, the petitioner herein and the 5th accused are partners of 2nd accused Sai Farms and Feeds and on behalf of the 2nd accused the 5th accused alleged to have executed 14 cheques to a value of Rs. 10,50,000/- to discharge liability occurred in course of transactions. After receipt of the cheque he has presented the cheque for collection, but the ....

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....eeds. 6. It is seen from the records, a private complaint under Section 200 Cr.P.C has been filed by the respondent/complainant before the learned Judicial Magistrate No.I, Namakkal for alleged offence under Section 138 of Negotiable Instruments Act, alleging that the first accused namely R.Manivel for the material supplied by the complainant for the said amount. He has issued the legal notice and for which, the first accused issued a legal notice dated 03.05.2013, wherein, he has admitted the liability. However, sought for sometime, it is seen that accused Nos.A3,A4 and A6 are partners in the A1 Firm. While, A5 is the the proprietary of the A2 Properitory concern. 7. According to the respondent/complainant on 30.01.2013, the propriet....

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.... papers are forged and fabricated for the purpose of the case. 10. After hearing the rival submissions of both the parties and after going through the documents filed before this Court, taking into consideration, scope of the enquiry that can be carried on by this Court under Section 482 of Cr.P.C and the stand of the complainant that the liability to pay the amount has been admitted through the legal notice and undertaking to pay the said legal notice on behalf of the first accused by the second accused and they are all partners of the said firm. 11. This Court is of the considered view that whether the documents now filed before this Court is true or not? and genuine, can be decided only during the course of trial and not by this Co....