P. SARALA Vs. S. SASIKALA

JUDGEMENT

(1.) This petition has been filed to quash the proceeding in S.T.C.No.308 of 2019 on the file of the learned Judicial Magistrate No.1, Namakkal, thereby taken cognizance for the offences under Ss. 138 and 142 of Negotiable Instruments Act 1881 (herein after referred as NI Act), as against the petitioner.

(2.) The learned counsel appearing for the petitioner would submit that the respondent filed complaint for the offences punishable under Sec. 138 of NI Act, in which the petitioner is arrayed as 10th accused. After receipt of the statutory notice issued under Sec. 138 of NI Act, the petitioner has given a detailed reply notice stating that the petitioner was one of the trustee of Venkatramana Educational Trust, viz., the first accused in the complaint and thereafter she resigned from her trusteeship by her resignation letter dtd. 28/8/2013. Therefore, she is not at all liable for any of the offence committed by the trust or other trustee. Her resignation letter also duly accepted by the first accused/trust and by communication dtd. 1/9/2013, they resolved to accept the resignation of the petitioner and she relieved from Venkatramana Educational Trust with effect from 1/9/2013. It was duly endorsed by other trustees. Even after receipt of the reply notice, the respondent lodged the impugned complaint including the petitioner as 10th accused and initiated proceedings for the offences punishable under Ss. 138 and 142 of NI Act. Therefore, the entire proceedings is liable to be quashed and sought for quashment of the entire proceedings.

(3.) Per contra, the learned counsel appearing for the respondent would submit that the respondent filed complaint for the offences punishable under Ss. 138 and 142 of NI Act and alleging that all the trustees have approached the respondent on 27/8/2012 and borrowed a sum of Rs.10.00 lakhs for the improvement of the trust. In order to repay the said amount, the accused persons have issued cheque for a sum of Rs.10.00 lakhs. It was presented for collection and the same was returned dishonoured for the reason that "funds insufficient". After issued statutory notice under Sec. 138 of NI Act, the respondent initiated the present proceedings as against the accused persons. As far as the petitioner is concerned, she is also one of the trustees and there are specific allegations made in the complaint as such she has vicarious liability for the offences punishable under Ss. 138 and 142 of NI Act. He further submitted that the resignation letter given by the petitioner and the resolution passed by the first accused trust have to be tested before the trial Court and it cannot be considered before this Court that too under Sec. 482 of Cr.P.C. Therefore, all the grounds raised by the petitioners are mixed question of fact and hence, prayed for dismissal of the quash petition.