P SIVAPRAKASAM Vs. R KARTHIKEYAN

JUDGEMENT

(1.) THIS petition seeks to quash the proceedings in C.C. No. 1633 of 2006 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai, in so far as the petitioner is concerned. The case is one relating to the offence under Section 138 of Negotiable Instruments Act wherein the first accused is a proprietary concern, the second accused is the proprietor thereof and the third accused / petitioner is the father of the second accused.

(2.) A perusal of the complaint shows that this petitioner has been roped in as one of the accused on the strength of allegations that he joined the second accused in seeking a loan from the respondent.

(3.) IN view of the above decision, the complainant's case clearly is an abuse of process of law. Under such circumstances, this petition deserves to be allowed. Accordingly, the proceedings in C.C. No. 1633 of 2006 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai are quashed in so far as this petitioner / third accused is concerned.