SARASWATHY AMMA Vs. SWIL LIMITED

JUDGEMENT

(1.) The petitioners Smt. A. Saraswathy Amma and Smt. Sarojini Amma have filed two separate petitions under Section 482 Cr.P.C. for quashing the order dated 15.11.1997 passed by the M.M. New Delhi. I propose to dispose of both the petitions by this common order.

(2.) M/s. Malabar Cashewnuts and Allied Products is a registered partnership firm of which the present petitioners were partners. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act (for short the Act) against M/s. Malabar Cashewnuts and Allied Products and four others including the petitioners who are shown as partners of the accused firm. The complaint contained the allegations that four cheques were issued on behalf of the accused firm for the debts due to the respondent company and said cheques were dishonoured by the drawee bank on the ground of insufficiency of funds in the account. On 12.8.1996, the respondent company issued notices to the accused firm as well as to the petitioners demanding payment of the amounts covered by the cheques but despite service of the notices no amount was paid. Hence the complaint alleged that all the accused persons have committed the offence under Section 138 of the Act. On the complaint being filed, learned M.M. issued process against the accused persons.

(3.) After entering appearance, the petitioners filed an application before the learned Magistrate asking him to recall the process. Having failed in their attempt, the petitioners have come up before this Court under Section 482 Cr.P.C.