ABDUL SALAM Vs. TAJ TRADING CORPORATION

JUDGEMENT

(1.) The petition filed under Section 482 Cr.P.C. to call for the records relating to C.C. No. 463 of 2003 on the file of the learned Judicial Magistrate No. II, Dindigul and quash the same.

(2.) The facts of the case is as follows: The petitioners are husband and wife. The respondent alleged that Taj Trading Corporation, rep. by its Managing Partner K.S. Mohammed Ameerudeen @ Babu, Dindigul, were dealing with the Gnerkins and in that business transaction the said Taj Trading Corporation was liable to pay a sum of Rs. 18,84,645/- to the complainant firm during the period 29.3.2001 to 31.3.2003. on 28.7.2003, to clear the debt, the Managing Director and the Executive Director of the said company issued a cheque dated 30.7.2003 for the said amount and the same was returned on 8.8.2003 as "Funds insufficient" and therefore, a complaint has been filed under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 before the learned Judicial Magistrate No. I, Dindigul. According to the complainant, the first accused is a company and accused Nos. 2 to 5 are the Directors of the company. The said complaint was taken on file by the learned Judicial Magistrate No. I, Dindigul in C.C. No. 463 of 2003.

(3.) The case of the petitioners, who are the 3rd and 4th accused is that they are not the Directors of the first accused company at the time of issuance of the cheques. It is further alleged that the 2nd petitioner resigned from the Board of Directors on 6.10.2002 and public notice was also effected and Form No. 32 has also been filed before the Registrar of companies. The first petitioner is neither a Director nor in-charge of the business transaction of the first accused company and therefore, the petitioners are not Directors at the time of the alleged transactions and they cannot be prosecuted by the complainant company and such transaction is nothing but a clear abuse of process of law and therefore, the proceedings has to be quashed.