K.R. PALANISAMY Vs. STATE

JUDGEMENT

(1.) The above criminal original petitions have been preferred under Section 482, Cr.P.C., seeking to quash the proceedings in C.C. No. 392 of 2011, on the file of the Judicial Magistrate-I, Tiruppur, wherein the petitioners are facing prosecution under Sections 406, 418, 468, 471, 420 and 120-B, I.P.C., on the basis of the charge sheet laid by the 1st respondent police.

(2.) The criminal law has been set in motion by one P.K.Ganeshwar, the 2nd respondent herein, stating that in spite of his retirement from a partnership firm, his shares have not been fully settled by the other partner, the 1st accused. The above complaint of the 2nd respondent was registered by the 1st respondent police in Crime No.1 of 2011. After completion of investigation the impugned charge sheet has been laid not only against the 1st accused but also against his relatives, who have been arrayed as 2nd and 3rd accused and their power of attorney agent, the 4th accused. All the accused are before this Court challenging the validity of the proceedings by way of two separate original petitions and they are referred to as per their rank in the charge sheet for the sake of convenience.

(3.) I heard Mr. T. Mohan for Mr. K. Surendar, learned counsel appearing for the petitioners, Mr. B. Ramesh Babu, learned Government Advocate (Criminal Side) appearing for the 1st respondent in both the Crl.O.P.s and Mrs. Hema Sampath, learned senior counsel for M/s. S. Raveekumar, learned counsel appearing for the 2nd respondent in both the Crl.O.Ps.