S VALLIAMMAL Vs. OMPRAKASH

JUDGEMENT

(1.) THE above criminal original petitions have been filed under Section 482 of the Criminal Procedure Code to quash all further proceedings in C. C. No. 1808 of 2006 on the file of the Judicial Magistrate No. IV, Salem and C. C. No. 481 of 2006 on the file of the Judicial Magistrate No. II, Erode.

(2.) THOUGH the petitioner in the above criminal original petitions is same, the respondents are different. Since the issue that arises for consideration in both the above criminal original petitions is one and the same both the criminal original petitions are being disposed of by a common order.

(3.) THE brief facts that are necessary for the disposal of the Criminal Original Petition No. 18577 of 2007 are set-out below:-On a complaint given by one Omprakash-the first respondent in criminal original petition No. 18577 of 2007 alleging that the petitioner and respondents 3 and 4 as directors of the second respondent-company borrowed a sum of Rs. 1,00,000/- from the complainant and the third respondent as the Managing Director of the second respondent issued a cheque for a sum of Rs. 1,00,000/- to discharge the said liability and the cheque when presented for encashment was dishonoured and inspite of written demand made by the complainant the amount covered by the dishonoured cheque was not paid and as such all the accused have committed an offence punishable under Section 138 of the Negotiable Instruments Act. It is further alleged in the complaint that the petitioner has directly and actually, physically, mentally taking active part in running of the company.