A GANESH Vs. K.K. MOORTHY

JUDGEMENT

(1.) CRIMINAL Original Petition is to call for the records in C.C.No. 406 of 2005 on the file of the District Munsif -cum -Judicial Magistrate, Perundurai and quash the same.

(2.) THE petitioner has been arrayed as the first accused in a case filed under Sections 406, 407, 408 and 420, IPC, on the file of the District Munsif -Cum -Judicial Magistrate, Perundurai, Erode District in C.C.No. 406 of 2005.

(3.) THE core allegation found in the complaint laid as against the accused is that, the second accused who is the agent of the first accused, received the entire amount from the complainant and the first accused acknowledged the same. While so, the cheques given as a security have been misused for the purpose of laying a complaint for an offence under Section 138 of Negotiable Instruments Act. It is further alleged that No objection Certificate required to be issued by the first accused was not issued by him and therefore, the business transactions could not be continued.