MUTHUVEL INDUSTRIES Vs. T MARUTHAMUTHU

JUDGEMENT

(1.) The petitioners are the accused before the trial Court.

(2.) The respondent/complainant through his power agent filed the complaint under Section 138 of the Negotiable Instruments Act against the petitioners/accused 1 to 6 on the basis of two cheques issued by the 6th petitioner, Chief Executive of the 5th petitioner-firm. The complaint was filed as against the petitioners 1 to 4 also on the basis that even though the cheques were issued by the 5th petitioner-firm, the petitioners 1, 3 and 5 are the organisations for whose liability their Chief Executive Mr.Subburam, representing the 2nd, 4th and 6th petitioners are also liable for the claim. It is in these circumstances that the petitioners have filed this petition to quash the proceedings before the trial Court as against the petitioners 1 to 4 on the ground that they had not issued the impugned cheques in favour of the complainant/respondent.

(3.) The learned counsel for the petitioner has argued that since the 6th petitioner representing the 5th petitioner-firm as its Chief Executive issued the cheques in favour of the respondent/complainant and that therefore, the prosecution launched as against the petitioners 1 to 4 by the respondent has to be quashed. He has drawn the attention of this Court to the decision in K.P.G.NAIR v. M/s.JINDAL MENTHOL INDIA LTD (2000 (IV) C.T.C 432) in support of such contention. Hence, the learned counsel for the petitioners has urged that on a similar set of facts, it was held by the Supreme Court in the said decision that since the appellant therein was neither shown to be incharge of nor was responsible to the company for the conduct of its business, the requirements of Section 141 of the Negotiable Instruments Act have not been satisfied in so far as the appellant is concerned and that therefore the prosecution as against the appellant in that case is liable to be quashed and therefore he has contended that the prosecution as against the petitioners 1 to 4 is liable to be quashed in this case also.