C.NAGARAJAN Vs. J.J.TRADERS

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the criminal proceedings in S.T.C.No. 13 of 2018 on the file of Judicial Magistrate, Erode/Fast Track Court-II.

(2.) The case of the petitioner is that he is arrayed as one of the accused in cases pending before the Court of Judicial Magistrate, Erode/Fast Track Court-1 and before the Court of Judicial Magistrate, Erode/Fast Track Court-II, for the offences under Sec. 138, 141 and 142 of the Negotiable Instrument Act, 1881. The accused Company is running a leather business in the name and style of M/s.Nag India Pvt Ltd., As per the request of the petitioner Company, the complainant Company agreed to supply the "Wet Blue Cow Hides" and supplied the same. During the course of business, the accused Company was due and payable to the respondent Company for the supply made. For which, the 2nd accused had issued various cheques on different dates for discharge of the debts arising out of supply. When the said cheques were presented in bank, it was returned and the same was dishonoured by the complainant's Bank with an endorsement of "Payment Stopped by the Drawers". Therefore, the respondent has filed the complaints before the Court of Judicial Magistrate, Erode.

(3.) It is further alleged by the petitioner that the respondent has admittedly not issued any legal notice to the accused as prescribed under the provisions of Negotiable Instruments Act, however, in the complaint, it is stated that a legal notice was duly served to all the Directors including the petitioner herein. Therefore, the complaint filed under Sec. 138 Negotiable Instrument Act, is legally unsustainable. Hence, challenging the said complaint, the present petition has been filed by the petitioner.