V.G. HEM ADVAI Vs. R.J. PARTHASARATHU

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the proceedings in STC No.317 of 2023, on the file of the learned Judicial Magistrate, Fast Track Magistrate Level-II, Coimbatore, insofar as the Petitioners (A4 & A5) are concerned.

(2.) Heard Mr. P.M. Duraiswamy, learned Counsel for the Petitioners and Mr. D. Arun Kumar, learned Counsel for the Respondent.

(3.) The Respondent/Complainant filed a Private Complaint against the Partnership Firm and four others for offence under Sec. 138 of the Negotiable Instruments Act, 1881. The case of the Respondent is that he had supplied goods under several Invoices on credit basis to the Partnership Firm and towards the same, there was a liability to the tune of Rs.4,77,950..00 After several demands and requests, three Cheques were issued in the name of Partnership Firm and which was signed by A2. When these Cheques were deposited, it was dishonoured with an endorsement "funds insufficient". Thereafter, the Statutory Notice was issued and the Private Complaint came to be filed before the Court below against the Partnership and four others. Insofar as the Petitioners are concerned, they are described as the Factory Manager and Finance Officer.