(in Crl.O.P.(MD)No.682 of 2011)
2.S.P.Navaneetham ...Respondent/Complainant (in Crl.O.P.(MD)No.683 of 2011)
3.D.Rathinam ...Respondent/Complainant (in Crl.O.P.(MD)No.684 of 2011) Prayer: Criminal Original Petition is filed under
Section 482 of the Code of Criminal Procedure, to quash the proceedings in S.T.C.Nos.3073, 3327 and 3126 of 2010 on the file of the Judicial Magistrate Court, Rajapalayam.
These Criminal Original Petitions have been filed to quash S.T.C.Nos. 3073, 3327 and 3126 of 2010, pending on the file of the Judicial Magistrate Court, Rajapalayam.
2.The learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondents in all the Criminal Original Petitions fairly conceded that at the relevant point of time, the petitioners/A3 and A4 were not partners of the Firm and the deceased person viz., P.S.Ramkumar, who signed and issued cheques in favour of the respondents and one Jothiammal alone were partners of the Firm. After the death of said Ramkumar, who signed and issued the cheques in favour of the respondents, the petitioners herein became partners only on 26.02.2010.
3.Heard both sides.
4.Considering the fact that the petitioners/A3 and A4 were not partners at the relevant point of time and they have nothing to do with the cheques issued by the deceased Ramkumar, I am inclined to quash the proceedings relating to S.T.C.Nos. 3073, 3327 and 3126 of 2010 on the file of Judicial Magistrate Court, Rajapalayam, in respect of the petitioners alone. Accordingly, these criminal original petitions are allowed. Consequently, connected miscellaneous petitions are closed.
To:
1.The learned Judicial Magistrate Court, Rajapalayam.
2.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai.
.