VIDYA ASHOK PATIL Vs. PRIVATE EYE PRIVATE LIMITED

JUDGEMENT

(1.) THE petitioner stated in her petition that she is the 3rd accused in CC No,2553 of 2000. THE said complaint has been filed by the Respondent/ Complainant herein. THE petitioner further submits that she is not in anyway connected with the above said case which is filed under Section 138 of Negotiable Instrument Act. Further, the petitioner states that she is neither a Director of the said company nor a signatory of the dishonoured cheque. Further, she can never be arrayed as an accused in the said case. THE petitioner resigned her job on 30/06/2000. And thereafter she has joined another company. THE petitioner, in support of her case, has filed her appointment letter in the said company, Promotion letter of the said company and relieving order of the said company. As such, she is not liable to pay the cheque amount and hence the petitioner seeks to call for the records in CC No,2553 of 2000 on the file of XVII Metropolitan Magistrate, Saidapet, Chennai and quash all further proceedings.

(2.) THE respondent/complainant stated in their complaint that the 1st accused company and 2nd, 3rd & 4th accused are Directors of the company. THEy are in charge of and responsible for the day to day affairs and conduct of the business of the company. THE complainant further stated that they provided security services to the 1st accused company for which the accused company issued a cheque on 22/09/1999 for a sum of Rs.1,91,293/-. THE said cheque was drawn on American Express Bank Ltd., Madras.

(3.) CONSIDERING the facts and circumstances of the case, the Court is of the opinion that the case is under a trial stage. Further, the said cheque transaction happened in the year 1999. The petitioner has resigned her post in the year 2000. In the said relevant period, the petitioner had been an employee with the said accused company. Therefore the petitioner has to face trial.