RAMESH Vs. BALAJI THEATRE

JUDGEMENT

(1.) The petitioner is before this Court invoking the inherent power under Section 482 of Cr.P.C. to quash the above charge sheet in C.C.No.239 of 2005 by challenging the same as an abuse of process of law.

(2.) The sum and substance of the petitioner's case is that he is one amongst the partners of the complainant firm. Their firm consisted of three partners namely one Mr.Perumal alais Kaliyaperumal, P.Apparsamy and this petitioner.

(3.) The complainant firm is a cinema theatre executing films regularly for public viewing on payment. Due to some difference of opinion and some other problems, there arose a serious dispute amongst the partners of the firm. The petitioner herein is none other but the son of the 1st respondent herein, who is also a partner. The partners of the firm are altogether liable for any act of the partnership firm. While so the 1st respondent herein, who is petitioner's father along with the other partner has come up with above private complaint, by leveling allegations as if the petitioner misconduct the business and thereby misappropriated the funds of the theatre. Yet another allegation was that the respondents were intimidated by the petitioner. It was also alleged as if the petitioner herein during the course of administration had stolen some of the blank cheques signed by the respondents, drawn towards the liability of the firm.