SHOBANA KUMARI Vs. T T SURESH

JUDGEMENT

(1.) THE above Criminal Original Petitions have been filed by the petitioner/third accused praying to call for the records relating to C. C. Nos. 12546, 14960, 12042 of 2003 on the file of the II Metropolitan Magistrate, Egmore, Chennai and quash the same as illegal insofar as the petitioner is concerned.

(2.) TODAY, when the above Criminal Original Petitions were taken up for consideration in the presence of the learned counsel for the petitioner/third accused, it comes to be seen that the second accused entrusted the production supervisor work of a Tamil Movie, namely "soori" to the complainant on the basis of consolidated renumeration of Rs. 25,000/- per month; that due to differences of opinion between the second accused and the complainant, a release -cum- settlement deed dated 6-4-2003 was entered into between themselves, as per which the second accused confirmed the dues at Rs. 13,00,000/- to the complainant; that towards the discharge of the said liability, the second accused has issued post dated cheques in favour of the complainant on various dates for various amounts; that when the complainant presented the cheques bearing Nos. 153275, 153274, 153292 for a sum of Rs. 50,000/-, Rs. 50,000/- and Rs. 5,000,00/- respectively dated 28-2-2003, 5-3-2003 and 20-6-2003 respectively for collection through his Banker, the same were returned with an endorsement"payment countermanded by the drawer"; that the complainant issued statutory notice as contemplated under law and on receipt of the said notice, the accused gave evasive reply through his lawyer's notice; that having aggrieved, the complainant gave complaints alleging that the petitioner committed an offence punishable under Section 138 of Negotiable Instruments Act, which were taken cognizance by the Court of II Metropolitan Magistrate, Egmore, Chennai in C. C. Nos. 12546, 14960, 12042 of 2003; that the petitioner/third accused alleging that she was not in charge of or responsible for the conduct of the business or day-to-day affairs of the company and the cheques were not issued with her consent or concurrence and that the proceedings initiated against her is an abuse of process of law would come forward to file the above Criminal Original Petitions seeking the relief extracted supra.

(3.) LEARNED counsel appearing for the petitioner would submit that the complainant was appointed by the second accused to supervise the Tamil Film "soori" on a consolidated remuneration of Rs. 25,000/- from the date of appointment till completion of the said film; that for the money and cheques entrusted on various dates by the second accused to the complainant to the tune of Rs. 43 lakhs for production expenses, he had not submitted proper accounts with vouchers and hence, the second accused paid the said sum of Rs. 25,000/- on 25-2-2003 as agreed and dispensed with his service; that on 25-4-2003 the complainant unauthorisedly entered into the second accused nursing home and under threat and coercion obtained the signature of the second accused in eight post dated cheques to the value of Rs. 13 lakhs and also obtained his signature in an Agreement dated 6-4-2003; that the second accused filed a suit in C. S. No. 414 of 2003 on 16-6-2003 on the file of this Court for declaring the said cheques as invalid and unenforceable; that the second accused also filed O. A. No. 550 of 2003 for injunction restraining the complainant from presenting the cheques, in which notice was ordered; that inspite of notice having been ordered, the complainant presented the cheques bearing Nos. 153275, 153274, 153292 for a sum of Rs. 50,000/-, Rs. 50,000/- and Rs. 5,000,00/- respectively dated 28-2-2003, 5-3-2003 and 20-6-2003, for realisation.