FEROZE S.DHANALIWALA Vs. B.PREMKUMAR

JUDGEMENT

(1.) THE respondent herein / complainant has filed a case in C.C.No.2826 of 2004 on the file of the XVIIth Metropolitan Magistrate, Saidapet, Chennai, against the petitioner herein and two others under Section 138 of Negotiable Instruments Act, stating that the complainant has deposited a sum of Rs.1,05,000/- on 06.12.1999 in the 1st accused financial Institution. In order to discharge the legal liability the accused petitioner herein issued a cheque in favour of the complainant / respondent herein, a sum of Rs.1,32,300/-. The said cheque was dishonoured on presentation for collection, hence, the said case has been filed against the accused.

(2.) AT this stage the revision petitioner herein / 3rd accused has filed a Crl.M.P.No.3020 of 2006 in C.C.No.2826 of 2004 stating that he is an innocent person and someone has dragged him into the case by way of forging his signature in the alleged said cheque which has not been duly signed by him on behalf of the 1st accused namely, M/s.Merlin Leasing and Investment Private Limited, he further stated that the Company has already ceased functioning and the entire bank accounts have already been frozen on 15.01.2002. He further stated that the said cheque had been issued by the 2nd accused on behalf of the 1st accused as Managing Director. The signature found in the cheque is not his and the same has been forged by someone with an ulterior motive to seek and defraud others in the name and style of the said Company which has now become defunct.

(3.) THE complainant has filed a counter statement and resisted the said petition. The complainant stated that the cheque was issued for the legal liability to be paid by the accused and he has a good case on merits and he is ready and willing to prove the case at the time of trial.