K.C. PALANISAMY Vs. PRINCIPAL MANAGER, COIMBATORE TELECOM

JUDGEMENT

(1.) These three Criminal Original Petitions seek to quash the proceedings in C.C.No.385 of 2005 on the file of the Judicial Magistrate No.V, Coimbatore.

(2.) The case is one for prosecution for offence under Section 138 of the Negotiable Instruments Act. The brief facts giving rise to the complainant case are as follows; The complainant is the B.S.N.L. i.e., Bharath Sanchar Nigam Limited. A company by name Data Access India Limited had a licence agreement with the complainant dated 27.03.2002. Under the agreement, the complainant issued an International Long Distance Service licence to the first accused Company to establish, install, operate and maintain I.C.D. Services. The first accused company was permitted to set up an I.L.D POP at Coimbatore and I.L.D. traffic from Coimbatore to be transmitted through their H.D. Gateway Switch at Chennai. Several sums became due under such agreement from the first accused company to the complainant. Such company executed a Bank guarantee of Rs. 3.14 crores in favour of the complainant and also issued cheques in favour thereof. The cheque for value of Rs. 25,50,704/- towards part payment due to B.S.N.L. issued on 31.08.2004 was presented by the complainant for payment and when the same was returned for the reason "Account Blocked", the complainant has issued a telegram calling upon the company/ Data Access India Limited to effect payment within 15 days and on non-compliance with the demand, the complainant has approached the Court alleging offences under Sections 138 and 142 of the Negotiable Instruments Act.

(3.) The petitioner in Crl.O.P.No.31587 of 2005 has been arrayed as the second accused, since he was the Vice President of the first accused company. The petitioner in Crl.O.P.No.4072 of 2006 has been arrayed as the third accused alleging that he was the Chairman-cum-Managing Director of the first accused company and the petitioner in Crl.O.P.No.5305 of 2006 has been arrayed as the fourth accused alleging that he was a Director (Finance) of the first accused company.