S SUJATHA Vs. K BALAKRISHNAN

JUDGEMENT

(1.) The petitioners, who are accused 4 to 6 in case pending in S.T.C.No.661 of 2006 on the file of the learned District Munsif cum Judicial Magistrate, Paramathy, Namakkal District seek quash of proceedings as against them.

(2.) Such is a case alleging commission of offence under Section 138 of the Negotiable Instruments Act (hereinafter referred as Act).The 1st accused is the company and the 2nd accused is said to be the Managing Director thereof and is the person who had issued the cheque giving rise to the filing of the complaint. The accused 3 to 6 are directors thereof.

(3.) On dishonour of a cheque in a sum of Rs.7,00,000/- issued on behalf of the 1st accused company by the 2nd accused, the respondent/complainant has followed the procedure envisaged under Section 138 of the Act and preferred the complaint.