V P REVATHI Vs. ASHA BAGREE

JUDGEMENT

(1.) THE accused in C. C. Nos. 2489 and 2490 of 1990 on the file of the VII Metropolitan Magistrate, George Town, Madras, has filed these petitions under section 482, Criminal Procedure Code, praying to call for the records in the aforesaid C. C. Nos. 2489 and 2490 of 1990 and quash the same. In C. C. No. 2489 of 1990, the respondent has filed the complaint against the petitioner. THE allegations in it are briefly as follows : THE complainant is a private limited company. THE accused is the proprietrix of Premier Agency, Ramnagar, Coimbatore. Her husband was the manager of the Coimbatore branch of the petitioner-company. In November, 1988, large scale defalcation committed by one Sethuraman was detected by the complainant. On August 23, 1989, when Mrs. Asha Bagree went to Coimbatore, the accused and her husband came for a settlement and the accused issued 19 cheques for a total sum of Rs. 5, 48, 000 drawn on the Syndicate Bank in favour of the complainant-company. THE cheques dated August 30, 1989, September 25, 1989, and October 25, 1989, for Rs. 13, 000, Rs. 1 lakh and Rs. 25, 000, respectively, were sent by the complainant along with three more cheques for collection. THEy were returned with the endorsement " refer to drawer " on February 16, 1990. THE complainant was informed that these cheques had been returned. On February 21, 1990, the complainant sent a telegram to the accused calling upon her to make payment of the value of all these cheques, viz., Rs. 2, 13, 000 within 15 days. On the same day, she also wrote a letter confirming the telegram. THE accused did not pay the amount nor replied to the telegram or to the letter. THE accused has committed an offence punishable under section 138, Negotiable Instruments Act. Hence the complaint.

(2.) IN C. C. No., 2490 of 1990, the respondent has filed the private complaint against the petitioner arraying her as the accused. The allegations in it are briefly as follows :The complainant is a private limited company. The accused is the proprietrix of Premier Agency, Ramnagar, Coimbatore. Her husband was the manager of the petitioner's branch at Coimbatore. IN November, 1988, large scale defalcation committed by one Sethuraman was detected. On August 23, 1989, when Mrs. Asha Bagree went to Coimbatore, the accused and her husband came for a settlement and the accused issued 19 cheques for a total sum of Rs. 5, 48, 000 drawn on the Syndicate Bank in favour of the complainant-company. The cheques dated November 25, 1989, December 25, 1989, and January 25, 1989, for Rs. 25, 000 each were sent by the complainant along with three more cheques for collection. They were returned with an endorsement " refer to drawer " on February 16, 1990. The complainant was informed that these cheques had been returned. On February 21, 1990, the complainant sent a telegram to the accused calling upon her to make payment of the value of all these cheques, viz., Rs. 2, 13, 000 within 15 days. On the same day, she also wrote a letter confirming the telegram. The accused did not pay the amount nor reply to the telegram or the letter. The accused has committed an offence punishable under section 138, Negotiable INstruments Act. Hence the complaint.