KAILASH ROHERA Vs. FIRST LEASING COMPANY OF INDIA

JUDGEMENT

(1.) The above Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in C.C.No.9151 of 2001 on the file of the Court of XIII Metropolitan Magistrate, Egmore, Chennai-8 and quash the same against the petitioners.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for the petitioner it comes to be known that the respondent herein had filed a private complaint before the Court of XIII Metropolitan Magistrate, Egmore, Chennai-8 as against the petitioners and others praying to punish them petitioner/accused for the offences punishable under Sections 138 to 142 of the Negotiable Instruments Act.

(3.) Petitioners are arrayed as A.5 to A.8 in the case. The case of the respondent/complainant is that the Accused No.3 to 8 in the case are the Directors of the first accused company whereas the second accused is the Managing Director of the same; that the accused entered into an Equipment Lease Agreement in respect of certain equipments and in respect of the dues payable by the first accused company under such agreement, the first accused company represented by the second accused, had issued three cheques, each for a sum of Rs.1,38,241/= (totalling to Rs.4,14,723/=) on 10.10.2001, 1.11.2001 and 1.12.2001 to the respondent and when the same were presented for collection by the complainant through their Bankers Vijaya Bank, Mount Road Branch, Chennai-2 they were dishonoured with remarks `insufficient funds'; that immediately on 28.1.2002, the complainant issued a notice to all the accused, which were returned unserved on with the endorsements `not claimed' on 2.2.2002 and hence all the accused are liable to be punished for the offences punishable under Sections 138 to 142 of the Negotiable Instruments Act.