ULTIMATE COMPUTER CARE Vs. S.M.K. SYSTEMS

JUDGEMENT

(1.) These Criminal Original Petitions have been filed to quash the proceedings pending in C.C. Nos.122, 123, 130, 131, 132, 133, 134, 135 & 136 of 2022, on the file of the learned Judicial Magistrate, Aruppukotai.

(2.) The Respondent in each Quash Petition has filed a Private Complaint against the Petitioners for offence under Sec. 138 of the "Negotiable Instruments Act, 1881" (hereinafter referred to as the "NI Act" for brevity) on the ground that the Respondent has supplied materials to the Petitioners and there was an enforceable liability towards which Cheques were issued and when these Cheques were presented, it was dishonored with endorsement "exceeds arrangement". Thereafter, Legal Notice was issued and in some cases it was refused and in other cases, it was received and no reply Notice was given nor the Cheque amount was paid. The same resulted in the filing of individual Private Complaints which have been put to challenge in these Quash Petitions.

(3.) When the matter came up for hearing on 31/1/2025, this Court passed the following Order: