K.A.NAUSHAD Vs. LIYA CREATION

JUDGEMENT

(1.) These Criminal Original Petitions have been filed to quash the proceedings in C.C.Nos.875 and 1093 of 2021 on the file of the learned Metropolitan Magistrate (FTC-I,), Allikulam, Egmore.

(2.) The petitioners are arrayed as accused 1 and 2 in C.C.Nos.875 &1093 of 2021 on the file of the learned Metropolitan Magistrate (FTC~I) Allikulam, Egmore. The respondent has preferred a complaint against the petitioners/A1 and A2 and others for the offence under Sec. 138 of the Negotiable Instruments Act-1881. The 4th accused is a firm namely M/s.Kans Wedding Centre and it was the customer of M/S.Liya Creation, who is the complainant herein. The complainant has supplied materials on credit basis and for which the 4th accused firm had issued cheques towards the repayment of the same. The accused 1 and 2 are the partners of the 4th accused firm. As per the ledger account of the complainant-s proprietary concern, for the period between 1/4/2018 to 30/11/2019 the accused had purchased garments and other goods for a total sum of Rs.42,52,483.67 on credit basis. Out of the said amount Rs.9,50,120.00 has been paid on various dates. The balance outstanding is Rs.33,02,354.67. The accused had issued a cheque dtd. 15/12/2019 bearing No.102466 for Rs.2,70,205.00towards the repayment of the part of the outstanding amount. When the cheque was presented for collection it was returned as -funds insufficient- on 17/12/2019. After complying the legal mandates, the respondent has filed a complaints against the petitioners for the offence under Sec. 138 of the Negotiable Instruments Act-1881 (hereinafter referred as NI Act).

(3.) Heard the submissions made by the learned counsel on either side and perused the materials available on record.