INNOKON LABORATORIES PVT. LTD Vs. HEALTH HOUSE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C. No.269 of 2019 pending on the file of the Fast Track Court, Alandur, Chennai and quash the same.

(2.) The petitioners are the accused 1,2,3,6,7,8,9 and 10. The respondent has given a complaint on the allegation that the cheque issued by the first accused for discharge of an amount due has been returned as "Funds insufficient". So the complaint has been given for the offences under Sec. 138 r/w. 142 of Negotiable Instruments Act.

(3.) The learned counsel for the petitioners submitted that the petitioners have been unnecessarily impleaded in the case without alleging how they are responsible for the affairs of the company; the second and third petitioners alone are the authorised signatories of the first petitioner company and the rest of the petitioners are Directors and Additional Directors of the Company, but they have been arrayed as parties to the proceedings. In support of his above contention, the learned counsel for the petitioners cited the following decisions of the Hon'ble Supreme Court: