V VAGEESAN Vs. D KATHIRVEL

JUDGEMENT

(1.) ACCUSED Nos. 3 and 5 are the petitioners. A complaint was filed against these two petitioners and three others under section 138 of the Negotiable Instruments Act, 1881. The allegation in the complaint is that the first accused-company, which is a partnership firm in which accused Nos. 2 to 5 are partners, had dealings with the complainant and in respect of the said dealings, the second accused issued three cheques for and on behalf of the other accused for a sum of Rs. 3, 90, 000 on July 3, 1997. The complainant presented the said three cheques for collection, and all the three cheques, were returned with the endorsements "payment stopped" and "funds insufficient". In the meanwhile the second accused had written a letter dated July 3, 1997, requesting the complainant not to present the cheques for collection, but the said letter was received by the complainant only on July 8, 1997. The second accused issued the cheques for and on behalf of the other accused, knowing fully well that there were no sufficient funds in the account. The complainant issued a legal notice to all the accused on July 19, 1997. A reply was sent by the third accused and fourth accused, containing false allegations. Hence, the accused had violated the provisions of the Negotiable Instruments Act.

(2.) THIS complaint was taken on file in C.C. No. 476 of 1997 and processes were issued to the accused. Accused Nos. 3 and 5, viz., the petitioners herein filed an application under section 245(2) of the Criminal Procedure Code, 1973, praying for their discharge from the case. The same was dismissed by the judicial Magistrate No. 1, Tirupur. Therefore, this revision. Section 141 of the Negotiable Instruments Act reads as follows :