GOKILA Vs. M/S SREE ANANDHAKUMAR MILLS LTD

JUDGEMENT

(1.) Invoking the inherent jurisdiction of this Court under Section 482 of Criminal Procedure Code, the Petitioner has approached this Court, seeking a direction to call for the records in C.C. No. 299 of 2007 pending on the file of the learned Judicial Magistrate No. II at Coimbatore and to quash the same as against the Petitioner, who is the third accused in the said case.

(2.) This Petitioner along with other three accused has been facing a charge under Section 138 of the Negotiable Instruments Act in the case in C.C. No. 299 of 2007, on the file of the learned Judicial Magistrate No. II, Coimbatore.

(3.) The Respondent herein has filed a complaint against the accused and three others under Sections 138, 141 and 142 of the Negotiable Instruments Act alleging that on 05.07.2006, the second accused by way of purchase order on behalf of the first accused and on behalf of the accused 3 and 4 had purchased 30 bags of 80's combed cotton yarn in cones at Rs. 205/- per kilogram and enclosed a cheque bearing No. 610362, dated 19.07.2006 for Rs. 3,20,272/-. When the cheque was presented for encashment, it was bounced back with an endorsement "funds insufficient". Even inspite of a statutory notice, the cheque amount was not paid back. Therefore, the Respondent had filed a complaint as against the accused 1 to 4. It is alleged that the first accused is a firm and the accused 2 to 4 are the partners and therefore they are jointly and severally liable to pay the cheque amount.