R. MOHAN AND OTHERS Vs. SURESH BAFNA

JUDGEMENT

(1.) Both the Criminal Original Petitions are filed by the accused 4 to 8 in CC. Nos. 14184 and 14185 of 2007 and A3 in CC. No. 14184/2007 on the file of VIII Metropolitan Magistrate, George Town, Chennai. Both the private complaints are filed by the respondent/complainant for proceeding against (i) M/s. V. P. Muthaiah Pillai Meenakshi Ammal Trust (ii) Mrs. S. Palaniselvi Chairman and (iii) : V.PM. Sankar, Managing Trustee of the Trust arraying them as A1 to A3 and the petitioners herein, who are the trustees of A1 Trust, arraying them as A4 to A8 for the offence under section 138 of the Negotiable Instruments Act.

(2.) The complaints proceed as if the first accused availed loan of Rs. 60 lakhs from the complainant and the accused 2 to 8, who are the trustees of the first accused Trust, taking active part in the day-to-day affairs of the first accused Trust, issued a cheque bearing No. 861004 dated 13.2.2007 for, Rs.2 lakhs and 5 cheques bearing Nos.861006 to 861010 for Rs.2 lakhs each on various dates between 7.4.2007 and 7.7.2007 towards part payment of the loan amount due to the complainant. When the complainant presented the cheques for collection, the same were, contrary to the assurance given by the accused that the same would be duly honoured on presentation, returned unpaid for want of sufficient funds on 23.3.2007 and 24.9.2007 respectively, which compelled the complainant to issue separate legal notices on 26.3.2007 and 27.9.2007, calling upon the accused to repay the entire amount covered in the cheques within 15 days from the date of receipt of the notice. Whereas, the accused though received the notice, failed to repay the amount in one case and refused to receive the notice in other case, thereby committed the offence punishable under Sec. 138 of Negotiable Instruments Act.

(3.) Both the complaints are filed by raising the allegations as stated above, along with cheque in question, return memo, notice, acknowledgment and power of attorney. While number of cheques involved in CC No. 14184/ 2007 is five bearing Nos.861006 to 861010 for Rs.2 lakhs each dated between 7.4.2007 and 7.7.2007, the cheque involved in CC. No. 14185/2007 is single cheque bearing No. 861004 dated 13.2.2007 for Rs. 2 lakhs.