R KANTHIMATHI Vs. BANK OF INDIA DHARMAPURI BRANCH

JUDGEMENT

(1.) CRL.O.P.No.6773 of 2006 has been filed under Section 482 of the Code of Criminal Procedure, seeking an order to call for the records relating to the case in C.C.No.326 of 2005 on the file of the Judicial Magistrate No.I, Dharmapuri and quash the same.

(2.) CRL.O.P.No.6774 of 2006 has been filed under Section 482 of the Code of Criminal Procedure, seeking an order to call for the records relating to the case in STC No.1577 of 2005 on the file of the Judicial Magistrate No.I, Dharmapuri and quash the same.

(3.) AS per the complaint given by the respondent/complainant against the petitioners, the petitioners/accused are close relative of one R.Mohandas and one D.R.Rajasekaran, the partners of a firm under the name and style of M/s. D.R.Ramamoorthy & Sons, carrying on business in petroleum products at Bye-pass Road, Dharmapuri. The said firm was liable to pay the respondent bank a balance to the tune of Rs.86,00,000/- (Rupees Eighty six lakh only) in the cash-credit account maintained by the said firm and the bank was insisting on the said firm to regularize the account. The partners of the firm had obtained 6 cheques from the petitioners/accused drawn in favour of the aforesaid firm and requested the respondent bank to purchase the cheques and adjust the proceeds thereof towards part satisfaction of the dues in their cash-credit account. The respondent bank, being a holder in due course of the cheques presented the same for collection on the due dates of the cheques in the respective banks, but all the said cheques were returned by the respective drawee banks on the same day of presentation, on the ground of .Insufficiency of Funds.. Therefore, the respondent bank thereafter issued a legal notice to all the petitioners with regard to the dishonour of the respective cheques issued by them.