N SUNDAR Vs. SRIDHAR ROADWAS

JUDGEMENT

(1.) THE Petitioners, who are arrayed as A2 and A3, have filed this Criminal original Petition to quash the complaint in CC. No. 245/2001 on the file of the judicial Magistrate II, Wallajapet, Vellore District.

(2.) ACCORDING to the averments made in the complaint, A1 is the Company by name m/s. Anjali Enterprises, who is the 2nd Respondent herein and A2 to A4 are the partners of the A1 Company. The 1st Respondent/ complainant had business transaction with the accused and as per the accounts, the accused were liable to pay a sum of Rs. 1,53,800/- to the complainant. In discharge of the said amount, the accused issued a cheque bearing No. 026372 dated 18. 7. 2001 to the complainant for a sum of Rs. 1,53,800/- drawn on M/s. Lakshmi Vilas Bank Limited. The complainant presented the said cheque for collection through the Indian Bank, vellore on 18. 7. 2001, but the said cheque was returned on 26. 7. 2001, stating that the cheque could not be honoured due to closing of the account.

(3.) IT has been specifically averred in the complaint that the A2 to A4 are the partners of A1 Company and they were in charge of and responsible for the conduct of the business of the Company. Since the accused failed to pay the cheque amount, the complaint has been filed by the 1st Respondent/complainant.