K SARAVANAN Vs. T V MYLSAMY

JUDGEMENT

(1.) The petitioners are the accused 3 to 5 in the case pending in C.C. No. 389 of 2004. Such is a case for prosecution of alleged offence under Section 138 of Negotiable Instruments Act. A cheque issued in favour of the company by name M.Veerappan and Company Trading Private Limited in a sum of Rs. 200000/- on 23.02.2004 had been endorsed in favour of the respondent/complainant T.V.Mylsamy who is the proprietor of Kavya International. On not having payment on the cheque on presentation the respondent/complainant had followed the procedure under Section 138 of Negotiable Instruments Act and preferred the complaint against both the accused company which issued the cheque M/S Veerappa Steels private limited as also the endorsor in his favour M/S M.Veerappan and Company Trading Private Limited and also its directors. It may be mentioned that the second accused has issued the cheque on behalf of the Veerappa Steels Private Limited in his capacity as Managing Director and again endorsed the same in favour of the defacto complainant in his capacity as Managing Director of M.Veerappan and Company Trading Private Limited. The petitioners herein are the accused 3 to 5 and they have been arrayed as accused in their capacity as Directors of the first accused company. The petition has to be quashed as against the accused 3 to 5 on the sole ground that the complaint has not informed that these petitioners who are the directors of the first accused company were in-charge of and responsible to the company at the time of the commission of offence. Such has been held to be a necessary averment by the decision of the Hon'ble Apex Court (S.M.S. Pharmaceuticals Ltd. v. Netta Bhalla and anotherm, 2005 5 CTC 65).

(2.) The learned counsel for the respondent submits that the case has been pending before the lower Court since 2004 and an early disposal thereof would meet the ends of justice. Considering the said submissions this Court directs the lower Court to dispose of the proceedings in C.C. No. 389 of 2004 within a period of three months from the date of receipt of a copy of this order.

(3.) With the above observation this criminal original petition is disposed of and the connected miscellaneous petition is closed.