D. JAYAPAL AND OTHERS Vs. A TEAM COMPUTERS

JUDGEMENT

(1.) The petitioners are arrayed as accused 3 and 4 in S.C.No.208/2012 on the file of the Fast Track Court II, Erode.

(2.) The respondent/complainant, a proprietorship concern represented by its manager S.Vinayaga Moorthy, filed a private complaint before Judicial Magistrate No. 1, Erode in S.T.C.No.208/2012 under Section 200 Cr.P.C., 1973 against the present petitioners as well as Archana Educational and Charitable Trust and Archanakumari, Managing Trustee for the alleged offences punishable under Sections 138 read with 141 and 142 of Negotiable Instruments Act.

(3.) The case of the respondent/complainant is that the respondent/complainant who is a dealer in Computers, Laptops and its accessories, supplied goods to Archana Educational and charitable Trust, on credit basis and during the normal course of business there was a balance of Rs. 69,92,660/- due and payable by the said Trustee for which the 2nd accused issued a cheque for Rs. 83,49,070/- on behalf of accused No. 1 with the knowledge and consent of accused No. 3 and 4 (present petitioners) drawn on Bank of Baroda, Krishnagri Branch, dated 20.01.2012. When the cheque was presented for encashment by the respondent/complainant through their bankers viz., Indian Bank, Erode Branch on 20.01.2012, the same was returned for the reason "insufficient funds". Therefore, he issued a lawyer notice dated 15.02.2012 to all the accused including the present petitioners. According to the respondent/complainant, though the accused had the intimation about the notice they did not come forward to make good the payment and therefore a complaint against the accused came to be filed under Sections 138, 141 and 142 of Negotiable Instruments Act.