P M MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in this Crl.M.Cs are for orders from this Court to quash the respective complaints impugned in this cases, to the extent it affects the petitioner herein. The complaints in Crl.M.C.Nos.4884, 4893 and 4888 are those in S.T.Nos.811, 815 and 816/2016 on the file of Judicial First Class Magistrate Court-I, Kanjirappally, which has been instituted by the 2nd respondent (company) herein.

(2.) The gist of the allegations of those complaints are that in discharge of a total liability of Rs.12,39,384/- owed by the 1 st accused/Co-operative society to the respondent complainant, cheques dated 18.06.2014 for Rs.5,00,000/-, Rs.5,00,000/- and Rs.2,39,384/- respectively were drawn from the account of the said Co-operative society (accused No.1) payable in favour of the complainant and that those cheques when presented were dishonoured on 30.09.2014, on the ground of insufficiency of funds. It is further averred in the complaints produced as Annexure-A2 in these three cases, that accused Nos.2 and 3 (respondents 3 and 4 herein), were the managing director and the marketing manager of the 1 st accused/Co-operative society at the relevant time and that the cheques were drawn and executed in favour of the complainant as per the instructions of the petitioner, who was then the president of the 1 st accused/Co-operative society and that the accused Nos.2 and 3 (respondents 3 and 4), were the signatories of the above said three dishonoured cheques. The three cheques in question have been produced as Annexure-A1 in these three petitions. It is further averred in these complaints that the day today affairs and the management of the business of the 1 st accused/Co-operative society which was under the supervision and control of the petitioner, who was the then president of the Co-operative society, was being exercised by the petitioner for and on behalf of the executive committee of the said Society in his capacity as the president of the Co-operative society and further that the accused Nos.2 and 3, who are then the managing director and marketing manager of the society were also actively involved in the management of the Co-operative society etc. However, it is relevant to note that the petitioner in his individual capacity as the then president of the Co-operative society has not been arrayed separately as a co-accused in these three complaints. 1 st accused is the Co-operative society concerned (Kaduthuruthy Co-operative Rubber Marketing and Processing Society Ltd. No.1397), represented by Sri.P.M.Mathew,Ex.M.L.A., aged about 60, President, Kaduthuruthy Cooperative Rubber Marketing and Processing Society Ltd. No.1397, Kaduthuruthy P.O., Kottayam-686 604. Accused Nos.2 and 3 are respondents 3 and 4, viz. Sri.S.Muraleedharan, the then managing director and Sri.K.C.George, the marketing manager of the above said Co-operative society. The cause title of all the three complaints are identically worded and for the sake of proper appreciation of the factual aspects in that regard, it will be appropriate to replicate the cause title of one such complaint, as given in Malayalam language in the said complaint, which reads as follows:- S/o

(3.) It is also relevant to note that accused Nos.2 and 3 have been arrayed as respondents 3 and 4 in these petitions. The petitioner, who is stated to be the then President of A1 Co-operative society has not been arrayed as a separate co-accused in these complaints. The petitioner in these three petitions is Sri.P.M.Mathew, the then President of the 1 st accused/Co-operative society.