SUDHAKAR & ORS. Vs. U.S.M. SAMPATHKUMAR

JUDGEMENT

(1.) Since the issues involved in all the Criminal Original Petitions are interlinked, they are clubbed together and disposed of by this common order.

(2.) The petitioners herein are Accused Nos.4, 5, 4, 5, 2, 3, 2, 2, 2, 2, 4, 5, 4, 5, 4, 5, 4, 5, 2, 3, 2, 2, 2, 3, 2, 3, 2, 3, 2 and 3 in C.C.Nos.38, 39, 39, 28, 38, 39, 27, 27, 19, 28, 20, 38, 20, 19, 19, 20, 28 and 27 of 2013 respectively on the file of the Judicial Magistrate Court No.II, Virudhunagar. Now, these Criminal Original Petitions have been filed under Section 482 Cr.P.C., 1973 to quash the above said proceedings.

(3.) The case of the prosecution is that the respondent herein is the Proprietor of Niraimathi Traders and he is doing business in Cardamom, Pepper, Coriander etc. According to him, the petitioners herein and another one accused viz., Anup Kumar Singhi are running a business under the name and style "Aroma Seasoning Foods" at Chennai. For the above said concern, Anup Kumar Singhi is the Proprietor. One Suresh Kumar Singhi is the General Manager, Pritibala is the Executive Manager, Sudhakar is the purchaser and one Bhagya Lakshmi is dealing with the finance transactions who are all accused in these cases, except Anup Kumar Singhi, who is a Proprietor of Aroma Seasoning Foods. In the course of business transaction, from June to August 2012, the petitioners in these cases have purchased Pepper and Coriander under various bills by issuing cheques. When the cheques were presented in State Bank of India, Virudhunagar, the same were returned with an endorsement "insufficient funds". After sending notices to all the accused including the petitioners herein, the respondent laid a complaint before the learned Judicial Magistrate No.II, Virudhunagar, for an offence punishable under Section 138 r/w. 141 and 142 of the Negotiable Instruments Act, 1881 [hereinafter referred to as 'the Act'].