ARSIKA ENGINEER Vs. EUROKA FUSE

JUDGEMENT

(1.) PETITIONERS are the accused in C. C. No. 70 of 1990, pending on the file of Judicial Magistrate No. VI, Coimbatore. They are being prosecuted in the aforesaid Calender case on a private complaint preferred by the respondent, alleging that they have committed an offence punishable under Section 138 of the Negotiable Instruments Act as amended by Banking, Public Finance institutions and Negotiable Instruments (Amendment) Act, 1988 (Act 66 of 1988 ).

(2.) THE allegations in the complaint show that the respondent is a partnership firm having its Registered office at Peclamedu Coimbatore. The first petitioner is a firm and petitioners 2 and 3 are its partners. The petitioners placed an order with the respondent for supply of electrode machines to a total value of Rs. 5,43,491. 70. In respect of such dealing, a sum of Rs. 1,11,244. 70 was due. The petitioners are stated to have issued four cheques dated 21. 11. 1989, 25. 11. 1989, 26. 12. 1989 and 1. 1. 1990 drawn on Bank of Madura Ltd. , Koti, K. J. Markety, Hyderabad in favour of the respondent for Rs. 25,000, Rs. 30,000/-, Rs. 2,000/- and Rs. 15. 247/-respectively. The cheques were presented on 22. 11. 1989, 27. 11. 1989, 26. 12. 1989 and 2. 1. 1990 and they were dishonoured. On the basis of the aforestated facts, this prosecution was initiated.

(3.) IN this petition filed under Section 482 Cr. P. C. , to call for the records and quash the pending prosecution as not maintainable and without jurisdiction, Mr. Ashok Kumar, learned Counsel representing the petitioners, contended that the payee had not made a demand for the payment of the amount mentioned in the four cheques by giving a notice in writing to the petitioners, within 15 days of the receipt of information from the Bank regarding the non-honouring of the cheques and that would be sufficient to exclude the ingredients of Section 138 of the Act, aforestated.