T R GOPALAKRISHNAN Vs. RAJKUMAR JAIN PROPRIETOR

JUDGEMENT

(1.) In all these Criminal Original Petitions, the 3rd accused in CC. Nos. 2107, 12451, 12609 and 11603 of 2004 on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai-1 is the Petitioner herein facing criminal Prosecution for the offence under Sections 13 8 and 141 of the Negotiable Instruments Act (herein after referred to as the Act).

(2.) In the complaint, it is alleged that the petitioner is the Director of the Company by name Southern Shipping Corporation Pvt Limited/A1 and amounts were borrowed by the said Company through A2 Balasubramaniam, the Managing Director of the said Company. One T.S. Raman/A4, an authorised signatory of the said Company executed promissory notes in favour of several financiers, who had in turn endorsed the same in favour of the Respondent/complainant and the 4th accused TS.Raman had issued cheques on behalf of the Company towards discharge of the debt and the said cheques were dishonoured which were sent for collection for the reason 'exceeds arrangement and funds insufficient' . A statutory notice dated 4.9.2004 was sent to all the parties including the petitioner and a suitable reply dated 15.9.2004 was issued by the petitioner/3rd accused and since payment was not made in spite of the legal notice, the respondent/complainant alleged that the petitioner has committed an offence under Section 138 of the Negotiable Instruments Act and is liable to be punished under Section 141 of the said Act.

(3.) Mr. K. Bijai Sundar, the learned counsel for the petitioner submitted that the petitioner retired from the Company as its General Manager in August 2002 itself i.e. one year prior to the above said transactions and hence, the averment that the petitioner is the Director of the Company is totally incorrect and further no averment has been made in so far as the petitioner is concerned that he was in charge of conduct of the business of the Company and merely stating that he is a Director will not make him liable for the offence committed by the Company.