LAND MARVEL HOMES Vs. D.ASHOK KUMAR

JUDGEMENT

(1.) This petition has been filed to quash the proceeding in C.C. No.1787 of 2019 on the file of the Metropolitan Magistrate Court, FTC-III, Saidapet, Chennai, thereby taken cognizance for the offences under Ss. 138 r/w 141 of Negotiable Instruments Act (herein after referred to as NI Act), as against the petitioners.

(2.) The learned counsel appearing for the petitioners would submit that the petitioners are accused in the complaint lodged by the respondent herein for the offences under Ss. 138 r/w 141 of NI Act. The respondent is a stranger to the petitioners and the petitioners never borrowed any money from the respondent as alleged in the complaint. The respondent did not file any proof to show that the petitioners have borrowed the alleged amount by executing any agreement, promissory note etc. She further submitted that the alleged cheque is a non-CTS cheque and it is not circulated and the last session for non-CTS cheque was carried out only in December, 2018. From 1/1/2019, the non-CTS cheques are dispensed with as per the guide lines issued by the Reserve Bank of India. Therefore, the alleged cheque ought not to have issued by the petitioners in the year 2019.

(3.) Per contra, the learned counsel appearing for the respondent filed counter and submitted that the first accused firm is involved in promotion of land and the second petitioner is the Managing Director-cum-partner and rest of them are other partners. All the petitioners have personal knowledge about the transaction between the first accused partnership firm and the respondent herein and also well acquainted with the respondent. They borrowed a sum of Rs.15,00,000.00 to develop their business. In the said transaction all the partners had personal knowledge and they decided to borrow the said sum for which all of them acquainted with the respondent herein. He further submitted that there are specific averments made as against each one of the petitioners 2 to 5 as such all the partners of the first accused firm have vicarious liability under Sec. 141 of NI Act.