M RAVI Vs. ELUMALAI CHETTIAR

JUDGEMENT

(1.) THE petitioners are the accused 1 to 13 in C. C. No. 15 of 2003 on the file of the Judicial Magistrate No. II, Kancheepuram. The petitioners have filed this original petition to quash the proceedings in C. C. No. 15 of 2003.

(2.) THE financial company in the name "t. M. C. Finance and Investments" was started by the first petitioner taking the other petitioners as partners of the firm. The petitioners 2 to 13/accused 2 to 13 are not having any role to play in the finance company and only they contributed the capital, which is mainly run by the first petitioner. The respondent borrowed money from the finance company, but when the respondent failed to repay the said amount, the first petitioner has filed a private complaint under Section 138 of Negotiable Instruments Act, which was taken on file in C. C. No. 128 of 2001, since the cheque issued by the respondent for Rs. 5,64,000/- was dishonoured when it was put for collection for insufficiency of funds and the case is pending for trial.

(3.) THE respondent filed a private complaint in the same Court in 2002 that the cheque, on the strength of which C. C. No. 128 of 2001 has been filed, was in fact, issued to some other transaction to the first petitioner and that the cheque has been filled up for higher amount. As such, the first petitioner by forging the cheque, has filed the said case and as such, cheated the respondent. The said complaint has been filed not only against the first petitioner, but also against the petitioners 2 to 13. Even in the said complaint, it is specifically mentioned that only the first petitioner is the Managing Partner and the other petitioners are merely partners. But, however, it is stated in the complaint given by the respondent that the petitioners 2 to 13 were members of criminal conspiracy for such forgery and as such, the petitioners 2 to 13 are liable under Section 109 I. P. C. It is taken on file in C. C. No. 15 of 2003 under Sections 406, 465 and 468 I. P. C.