A SENTHIL KUMAR Vs. SURESH BAFNA

JUDGEMENT

(1.) Despite service, there was no representation for the respondents. The Court heard the learned Counsel for the petitioners and perused the available materials.

(2.) All these three petitions are brought forth seeking to quash the three complaints with respect to the petitioners herein who are shown as 5th and 6th accused in the three calendar cases pending on the file of the VIII Metropolitan Magistrate, George Town, Madras.

(3.) All these three complaints were filed by one Suresh Bafna, the Proprietor of Mansi Mercantile Company, Madras, alleging that the accused No.2 is the Managing Director of the first accused company, wherein the accused 3 to 8 were the Directors during the relevant time; that all of them were managing and taking active part in the day-to-day administration of the first accused company; that the complainant advanced Rs.50,000/-, Rs.50,000/- and Rs.50,000/- for which the second and the third accused signed and issued cheques bearing Nos.796005, 796006, 796007, 796008 and 796009 each for Rs.7,500/- dated 15.3.2001, 9.3.2001 and 13.3.2001 respectively; that when all those cheques were presented by the complainant through its banker Andhra Bank, Sowcarpet Branch, they were returned with an endorsement "insufficient funds"; and that after issuing the statutory notice and since the payments were not made as per the demand within the stipulated time, all these three complaints were lodged before the said Court. The learned Metropolitan Magistrate after recording the sworn statement of the complainant, has taken cognizance of all the three complaints, and they were numbered as C.C.Nos.3636, 3638 and 4068 of 2001. On service of summons, the fifth accused and the 6th accused who are shown as the Directors of the first accused company, have brought forth these three petitions seeking to quash the complaints in their regard.