S THAMARAI Vs. P S MOORTHY

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the Accused Nos.3 to 5 to quash the proceedings against them in STC.No.719 of 2012 on the file of the Judicial Magistrate No.7, Coimbatore.

(2.) The respondent herein has filed a private complaint stating that the second accused viz., S.Subramaniam borrowed a sum of Rs.25 lakhs from him agreeing to repay the sum with interest at the rate of 18% p.a., in the first week of October, 2005. Subsequently in the first week of April, 2006, the second accused again requested him to grant further loan of Rs.50 lakhs. Accordingly, he paid a sum of Rs.50 lakhs by way of a demand draft dated 03.04.2006. As per the accounts maintained by the respondent, as on 31.03.2008, the accused are liable to pay a sum of Rs.1,07,50,290/- including interest for the aforesaid two loans. On 20.03.2008, the second accused through his Proprietory concern viz., M/s.Shree Maruthi Textiles paid a sum of Rs.7 lakhs towards interest and paid a sum of Rs.56,290/- by way of cash towards interest. As on 01.04.2008, the second accused was liable to pay a sum of Rs.1 Crore towards balance principal and interest. Subsequently, a sum of Rs.10 lakhs was paid by the second accused through the first accused account. As on 30.10.2011, the total outstanding amount was Rs.1,68,42,470/-. As per the understanding and settlement arrived between the second accused and the complainant, the second accused with a view to discharge a portion of the aforesaid debt, issued a post-dated cheque in the last week of September, 2011 bearing No.015486 dated 09.11.2011 drawn in the first accused account for Rs.1 Crore. The respondent herein has presented the said cheque in the bank for encashment on 11.11.2011. The said cheque was dishonoured and returned on 12.11.2011 by stating the reason as account closed. The first accused is a partnership firm, in which, the second accused is the Managing partner and the accused Nos.3 to 5 are the partners of the said firm who are in-charge for the day-to-day affairs of the said firm. Knowing fully well about the consequences of the dishonouring of cheque, purposely issued the aforesaid cheque and therefore, the accused Nos.1 to 5 are liable to be punished under sections 138 and 142 of the Negotiable Instruments Act. With regard to the dishonour of the cheque, the respondent has issued a lawyer's notice dated 07.12.2011 calling upon the Accused Nos.1 to 5 demanding the amount due on the said cheque. Further on 09.12.2011, he has sent a correction notice to the accused Nos.1 to 5 mentioning about the typographical error in the month mentioned in page-3 of the notice dated 07.12.2011. The accused Nos.1 to 4 have received the said notice and sent a reply through their counsel with false averments. The notice which was sent to the fifth accused has returned as 'no such person' in the said M/s.Shree Balaji Textiles. The respondent has sent a rejoinder and even thereafter, the accused person did not come forward to pay the amount. Hence the respondent has filed a private complaint.

(3.) Based on the said complaint, the learned Judicial Magistrate, No.7, Coimbatore, has taken the case on file in STC.No.719 of 2012 and issued summons to the accused persons. After receipt of the summons, the Accused Nos.3 to 5 have filed the present petition under Section 482 Cr.P.C., to quash the proceedings against them in STC.No.719 of 2012 on the file of the Judicial Magistrate No.7, Coimbatore .