A S RAGHUNATHAN Vs. T SAMPATHKUMAR

JUDGEMENT

(1.) The above criminal original petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to C.C.No.87 of 2003 arising out of a private complaint filed by the respondent herein against the petitioners on the file of the Court of Judicial Magistrate, Tiruchengode and quash the same.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioners are respectively A.1 and A.3 to A.5 in the private complaint filed by the respondent herein before the Court of Judicial Magistrate, Tiruchengode for the offences punishable under Sections 406,409,420 and 477-A r/w.34 and 109 IPC. The said complaint having been taken on file by the Court below in C.C.No.87 of 2003 on its file, is pending trial. At this stage, the petitioners have come forward to file the above criminal original petition.

(3.) In the complaint, the respondent/complainant has alleged that he carried on the business in partnership with the accused under the name and style of Sri Sakthi Mills, which is a textile mill and that till March, 1997, the said firm made profits; that from the year 1990 to 1995, the fourth accused was the Managing Director and from 1995 to 1996 March, the complainant was the Managing Director of the said firm and thereafter the first accused was working as the Managing Director of the said firm; that as per the Partnership Deed, the complainant, the first accused and the fourth accused have the authority to manage the affairs of the firm as Managing Director; that the said firm had current account facility with State Bank of India, Bhavani Branch and the complainant had received his share of profit viz. Rs.2,20,000/= for a period of 22 months at the rate of Rs.10,000/= per month; that A.1 also received Rs.2,20,000/= for the same period at the rate of Rs.10,000/= per month and A.2 to A.5 also received a total sum of Rs.2,20,000/= according to their shares and the remaining profits had been held as reserve for meeting the maintenance, the cost of expansion and the working capital requirements.