U K RAJAH Vs. V RAMANATHAN

JUDGEMENT

(1.) The petitioner, who is the accused in C.C.No.1257 of 1998 on the file of the Court of XIII Metropolitan Magistrate, Saiapet, Chennai has filed the above criminal original petition praying to call for the records connected with the above said case and to quash the same.

(2.) Tracing the above criminal original petition, the petitioner has pleaded that he was a Former Director-in-charge of a company viz. The Sovereign Dairy Industries Limited and the respondent had lent some monies to the said company and not for him; that the respondent put pressure and forced him to give a cheque as a precautionary measure for a sum of Rs.50,000/= which the company had to pay but since the company did not pay the amount borne by the cheque, in spite of the petitioner having ceased to be a Director of the company and without informing him, the respondent had deposited the said cheque contrary to the understanding and getting it dishonoured has filed the case in C.C.No.1257 of 1998 before the XIII Metropolitan Magistrate, Saidapet and the said proceedings are pending. On such grounds, the petitioner has filed the above criminal original petition seeking the relief of quash sought for.

(3.) During arguments, the learned counsel appearing on behalf of the petitioner would lay stress on the points on which the above criminal original petition has been filed i.e. the cheque for the sum of Rs.50,000/= had been issued only for the debt or liability of the company as a Director from which also he has retired later and the respondent has sent it for collection contrary to the understanding as though the petitioner was personally indebted to him and the same cannot be done in law.