S RAMASAMY Vs. T AYYAPPA

JUDGEMENT

(1.) - Petitions filed by the petitioner/first accused in C. C. Nos. 574 575 of 1996 on the file of Judicial Magistrate VI, Madurai and to quash the proceedings.

(2.) THE brief facts for disposal of both cases are as follows :-The petitioner was working as a Special Officer in Kattur Agro Engineering and service Co-Operative Centre Limited at Minjur. He placed orders for supply of endosulphan on 3. 1. 1996. The material was also supplied to the Co-operative Centre. A sum of Rs. 5,27,760/- is due from the Government Agency. Anticipating collection of the dues, he gave two cheques to the complainant on behalf of the Co-operative centre which is a quasi Government Agency. The cheques were returned for the reason of insufficient funds. The respondent filed a compliant against the petitioner without adding the Kattur Agro Engineering and Service Co-operative Centre as an accused in the private complaint. The complaint impleading the signatory of the cheque without impleading the company or firm is against law. The complaint without adding the co-operative centre is not sustainable in law and it is liable to be quashed. The complaint filed under Sec. 138 of the Negotiable Instruments Act is clear abuse of process of law and if the same is allowed to continue, it will cause prejudice to the petitioner.

(3.) LEARNED Counsel for the petitioner stated that the petitioner was working as a special Officer in Kattur Agro Engineering and Service Co- operative Centre Limited at Minijur and placed orders for supply of Endosulphan pesticide on 3. 1. 1996. It is further urged that a sum of Rs. 5,27,760/- was due from the Government agencies to the Kattru Agro Engineering and Service Centre. Anticipating collection of the dues, the petitioner gave two cheques to the complainant on behalf of the Co-operative Centre and ultimately, it was returned as insufficient funds. The learned Counsel for the petitioner further stated that the complaint filed by the respondent or the firm is against law and, therefore, both the complaints and the charge sheets are liable to be set aside.