RAM GANESAN Vs. KOTHARI INTERNATIONAL TRADING LIMITED

JUDGEMENT

(1.) These petitions seek to quash the proceedings pending against the petitioner herein in C.C. Nos. 5357,5358 and 5359 of 2000 on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai.

(2.) The complaint cases are for alleged offences under Sections 138 and 141 of the Negotiable Instruments Act. The complainant in all three cases are one and the same and so also are the accused 1 to 3 therein. The first accused is a Company, the second accused is the Managing Director of such company and the third accused is a Director thereof.

(3.) The only ground urged on behalf of the petitioner, who is the third accused in all the cases is that the complaints make no averment against him to the effect that he was in charge of the day to day affairs of the first accused company at the time of commission of the offences.