K UMADEVI Vs. V MANIKANDAN PROPRIETOR MANISHA TRADERS

JUDGEMENT

(1.) THE petitioner, who has been arrainged as third accused in a case under Section 138 of the Negotiable Instruments Act (hereinafter called the 'act'), moves these criminal original petitions seeking quashment of the criminal proceedings culminated in c. C. Nos. 2209 to 2216 of 2005 on the file of the learned VII Metropolitan Magistrate, G. T. , Chennai, on the sole ground that she ceased to be the Director of the first accused company long prior to the issuance of the cheques which are the subject matter of the proceedings under section 138 of the Act.

(2.) THE complainant, V. Manikandan, Proprietor, Manisha Traders, having alleged that the cheques issued by the first accused company for the existing liability were returned by the drawee bank with an endorsement 'payment stopped by drawer' when the said cheques were presented for payment. After giving due notice and having waited for the payment to be made by the first accused company, the respondent/complainant has laid the private complaint for an offence under Section 138 of the act, specifically alleging that the petitioner herein, being a partner of the first accused company, was also responsible for the conduct of the first accused at the time of commission of the offence under the aforesaid provision of law.

(3.) IT is contended on the side of the petitioner that the petitioner had tendered her resignation as early as on 27. 3. 1998 itself as seen from the extract of Form-32 obtained from the registrar of Companies and that therefore she is not liable to answer the criminal prosecution by the respondent/ complainant.