PALE HORSE DESIGNS Vs. NATARAJAN RATHNAM

JUDGEMENT

(1.) The parties in all the three criminal original petitions are same. The first petitioner M/s. Pale Horse Designs is a company registered in the United States of America of which the second petitioner is the president. Natarajan Rathnam, who figures as the respondent in all the three criminal original petitions, is a Non-Resident Indian living in the United States of America at No. 3, Parkway Drive, Roselyn Heights, New York.

(2.) Natarajan Rathnam, the respondent herein, furnishing a local address in Chennai, namely No. 37, Venkatarathinam Nagar, Adyar, Chennai as his residential address, has preferred three complaints on the file of the IX Metropolitan Magistrate, Saidapet, Chennai under Section 200 Cr.P.C. for alleged offences punishable under Sections 138 and 141 of the Negotiable Instruments Act, 1881 in respect of seven dishonoured cheques drawn on M/s. Danvers Savings Bank, One Conant Street, Danvers, MA 01923 in favour of the respondent herein. In respect of two cheques dated 15.06.2006 bearing cheque Nos. 002661 and 002663, each for a sum of US$ 5000, totalling a sum of US$ 10,000, the respondent preferred a separate complaint and the same has been taken on file by the above said IX Metropolitan Magistrate as C.C. No. 1506/2007. The said cheques had been presented for collection through the banker of the respondent, namely M/s. ICICI Bank Limited, Anna Nagar, Chennai-102 on 09.08.2006 and the same were dishonoured for the reason "stop payment" instructions were issued by the drawer. The said fact of dishonour of the cheques, according to the averments found in the complaint, was intimated to the respondent on 23.08.2006 by memo of the bank dated 21.08.2006 and the original cheques were also returned with a memo dated 25.08.2006. After issuing a legal notice dated 19.09.2006, which was received by the petitioners on 28.09.2006, the respondent preferred the complaint on 31.10.2006 alleging commission of the offences punishable under Sections 138 and 141 of the Negotiable Instruments Act, 1881, since within the time allowed by the said Act after the receipt of the statutory notice, the petitioners/accused did not make payment of the amount covered by the cheques.

(3.) With similar averments regarding two more cheques dated 15.02.2006 and 15.04.2006 respectively, bearing cheque Nos. 002647 and 002649, each one drawn for a sum of US$ 5000, which were also presented for collection through ICICI Bank Limited, 3rd Avenue, Anna Nagar, Chennai and returned by the bankers for the reason "stop payment" instructions had been given and contending similar allegations, another complaint was preferred on the very same day, namely 31.10.2006 and the same was taken on file by the IX Metropolitan Magistrate, Saidapet as C.C. No. 1505/2007.