N MAHESWARAN Vs. M S UNIQUE TRADERS

JUDGEMENT

(1.) THIS Petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in C.C.No.384 of 2006 on the file of the learned Judicial Magistrate No.II, at Virudhunagar and quash the same.

(2.) THE petitioner is the 12th accused in the complaint in C.C.No.384 of 2006 on the file of Judicial Magistrate No.II, Virudhunagar, which has been taken on file on the strength of a private complaint laid by this respondent under Section 138 of the Negotiable Instruments Act. (hereinafter referred to as the Act) It is stated in the complaint that in the respondent company 2 to 12 accused are managing and they are taking part in day-to-day affairs of the company. THEy obtained Polythene film rolls from the respondent on loan basis and towards a balance of Rs.1,81,747/- the accused have given a cheque dated 04.05.2006 drawn on the Indian Bank, Bhavani Branch. THE complainant deposited the cheque in his bank, namely, City Union Bank, Virudhunagar, but the same was dishonoured on the ground of "insufficient funds" on 21.09.2006.

(3.) CONVERSELY, the learned counsel appearing for the respondent N. Dilipkumar would argue that the complaint contains specific allegations with regard to the role played by accused 2 to 12, fulfilling the requirements of the provisions concerned and by no stretch of imagination, it could be stated that the petitioner is not at all criminally liable.