IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:26.02.2010 CORAM: THE HON'BLE MR.JUSTICE C.T.SELVAM Crl.O.P.No.18346 of 2007 & M.P. No. 1 of 2007 V. Hariharan .. Petitioner. Versus V. Srinivasan .. Respondent. Prayer: Petition filed under Section 482 Cr.P.C seeking for a direction to call for the records in C.C. No. 11955 of 2006 on the file of the Court of the III Metropolitan Magistrate, George Town, Chennai and quash the same. For Petitioner : Mr. K.M. Srirangan For Respondent : M/s. Anand, Abdul & Vionodh O R D E R The petitioner herein is the fourth accused in a case pending in C.C. No. 11955 of 2006 on the file of the learned III Metropolitan Magistrate, George Town, Chennai. Such case is a complainant case wherein a company is arrayed as the first accused and its directors as accused 2 and 3. The petitioner herein is arrayed as the fourth accused in his individual capacity. The complaint shows that in respect of commercial transactions, some amounts were due from the first accused / company. The petitioner herein had guaranteed repayment. The complaint alleges commission of the offences under Sections 406, 415, 418, 420 and 120(b) IPC. 2. Learned counsel for the petitioner would submit that the petitioner is only the guarantor to the repayment of sums borrowed by the 1st accused / company and cannot in any manner be held liable or responsible for the sum that may be due from the company to the complainant. 3. This position is fairly conceded by the learned counsel for the respondent, who seeks a direction to the lower Court for early disposal of the case. https://hcservices.ecourts.gov.in/hcservices/ 4. A reading of the complaint supports the contention of the learned counsel for the petitioner that the matter relates to only a civil transaction wherein this petitioner has no role to play, but for being a guarantor. In such circumstances, this Original Criminal Petition is allowed and the proceedings in C.C. No. 11955 of 2006 on the file of the III Metropolitan Magistrate, George Town, Chennai are hereby quashed in so far the petitioner is concerned. Consequently, connected miscellaneous petitions is closed. 5. The learned III Metropolitan Magistrate, George Town, Chennai is hereby directed to dispose of the said case within a period of four months from the date of receipt of copy of this order. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ar To 1. III Metropolitan Magistrate, George Town, Chennai 2. -DO- Through The Chief Metropolitan Magistrate, Chennai + 1 cc to Mr.K.M.Srirangan Advocate, SR 13002 Crl.O.P.No.18346 of 2007 RS (CO) RH (9.3.10) https://hcservices.ecourts.gov.in/hcservices/