POLYFINE INDUSTRIES Vs. P. GOPAL

JUDGEMENT

(1.) The petitioners herein are the accused in S.T.R. No. 5141 of 2012, on the file of Judicial Magistrate No. II, Puducherry, and they filed this Petition under Section 482 of Cr.P.C., to quash the above proceedings, pertaining to the complaint, lodged by the respondent/complainant, seeking to prosecute the petitioners for the alleged commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I. Act'). The learned counsel appearing for the petitioners/accused has raised three contentions to quash the proceedings.

(2.) The learned counsel appearing for the respondent submitted that the contentions raised by the petitioner regarding the cheque amount issued and the liability are disputed questions of fact, which are to be decided by the Court below only at the time of trial and the same cannot be gone into now, in the quash proceedings under Section 482 of Cr.P.C. So far as the second contention relating to the wrong mentioning of the cheque number in the legal notice is concerned, it is submitted that that original cheque has been filed before the Court below, and the Court below, on being satisfied with the correct proof furnished to it, has taken the complaint on file. Therefore, the second contention raised by the petitioner also, does not merit consideration. As regards the third contention, viz., the contention that Deepa cannot be arrayed as accused, it is submitted that, she being one of the partners of the first accused-Firm, was rightly impleaded as an accused in the complaint.

(3.) Heard learned counsel appearing for both the parties and perused the materials available on record.