G A VADIVELU Vs. SHENBAGARAJAN

JUDGEMENT

(1.) THE petitioners, who are accused Nos. 2 and 3 in C.C. Nos. 676 and 677 of 1998, on the file of the judicial Magistrate, Periyakulam, have filed these two criminal original petitions under section 482 of the Criminal Procedure Code, 1973, to quash the said proceedings.

(2.) THE first accused company, M/s. Gowri Spinning Mills (P) Ltd. is represented by its managing director, the second accused. THE second and third accused are the managing director and administrative officer, respectively of the first accused company. THE first accused company purchased cotton from the complainant and was due Rs. 5, 71, 581 to the complainant as on July 8, 1997. On February 25, 1998, the third accused issued a cheque bearing No. 305320 for a sum of Rs. 2, 71, 581 and on February 28, 1998, another cheque bearing No. 305330 for a sum of Rs. 3, 00, 000. THE cheques on presentation in the branch of the Tamil Nadu Mercantile Bank Ltd. at THEni, were dishonoured on August 24, 1998, and the complainant issued notice on September 3, 1998. THE notice was returned unserved on September 15, 1998. THEreafter, the complainant has filed these two complaints on September 29, 1998.

(3.) IN Deepak v. State of Maharashtra 1985 Crl. LJ 23, the Bombay High Court held :