S AMUDHA DAUGHTER Vs. SRI SURESH BAFNA

JUDGEMENT

(1.) THE petitioner in both the above Criminal Original Petition, who is the fifth accused in C. C. Nos. 4789 and 3637 of 2001, respectively, on the file of the VIII metropolitan Magistrate Court, George Town, Chennai, wherein she is facing trial for an alleged offence under Section 138 of the Negotiable Instruments Act, has filed the above Criminal Original Petitions seeking to quash all further proceedings therein.

(2.) A perusal of the complaints shows that towards the loan amount availed by the first accused-company from the respondent, the second accused, on instructions, insistence, inducement and consent of all the accused as directors of the first accused company, is alleged to have issued the cheques, (i) bearing nos. 865076, 837581 and 837591, all dated 12. 03. 2001, for a sum of Rs. 75,000/-each, totaling Rs. 2,25,000/- in favour of the respondent and (ii) No. 865078, dated 12. 03. 2001, for a sum of Rs. 75,525/- in favour of the respondent. When the said cheques were presented for encashment, the same have been returned / dishonoured with endorsements 'insufficient Funds'. After complying with the statutory requirements, the complaints were filed and the same have been taken on file. Being aggrieved by that, the above Criminal Original Petitions have been filed seeking to quash all further proceedings therein.

(3.) HEARD the learned counsel on either side.