MATHRUBHUMI PRINTING Vs. ADGEAR MEDIA PRIVATE LIMITED

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the criminal proceedings against the petitioner/3rd accused in C.C.No.787 of 2019, pending on the file of the Fast Track III, Metropolitan Magistrate, Saidapet, Chennai - 600015.

(2.) Respondent filed a case under Sec. 138 of Negotiable Instruments Act against the petitioner and two others for dishonour of cheques. The case of the respondent is that respondent is doing the business of printing and publishing newspapers, periodicals, FM radio stations, Mathrubhumi News Channel, Kappa TV, digital business etc. Claiming that the petitioner as the Managing Director of the first accused Adgear Media Private Limited and one S.Krishnan as Chairman, respondent stated that the accused approached the respondent/complainant and placed order for the publication of advertisements in their newspapers. For the said transaction, they are liable to pay a sum of Rs.93,98,838.95. The accused issued a cheque bearing No.004845 dtd. 15/12/2017 for Rs.35,70,308.00 and another cheque bearing No.004846 dtd. 4/12/2017 for Rs.35,70,308.00, both drawn on M/s.Karur Vysya Bank, Teynampet branch, Chennai. These cheques were presented on 6/12/2017 and 15/12/2017 respectively, through M/s. Canara Bank, Royapettah branch, Chennai. The said cheques were returned as "funds insufficient" vide return memos, dtd. 8/12/2017 and 19/12/2017. When it was informed to the accused, they requested respondents to present the cheques again on 29/1/2018. Accordingly, cheques were presented again on 29/1/2018 and they were again returned on 30/1/2018 stating that "funds in sufficient". The accused issued a cheque knowing fully well that they have no funds in the account. Therefore, statutory notice was given on 27/2/2018. The accused received the notice and paid a sum of Rs.8,86,129.00 towards part transaction, but did not pay the balance amount. Therefore the case was filed.

(3.) Petitioner is the third accused in this case. After entering appearance, he filed this quash petition challenging the proceedings against him on the following grounds.