MAHESHCHANDRA MULKRAJ JULKA Vs. REDIGTON (INDIA) LTD.

JUDGEMENT

(1.) petitions Common Prayer in Crl.O.P.Nos.520 and 25318 of 2018: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the complaint against the petitioner/10th accused in C.C.Nos.3645 and 3647 of 2016, respectively, on the file of the learned Metropolitan Magistrate, FTC- III, Saidapet, Chennai. Common Prayer in Crl.O.P.Nos.25307 and 25314 of 2018: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the complaint against the petitioner/10th accused in C.C.Nos.3648 and 3644 of 2016, respectively on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai. For Petitioner in all petitions : Mr.C.Nithysh Sekhar For Respondent in all petitions : Mr.V.T.Narendran COMMON ORDER These petitions have been filed to quash the proceedings initiated by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act in C.C.Nos.3645 and 3647 of 2016, on the file of the learned Metropolitan Magistrate, FTC- III, Saidapet, Chennai and C.C.Nos.3648 and 3644 of 2016 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai as against the petitioner.

(2.) According to the complainant, it is a Private Limited company and it has been carrying business of distribution of computers and computer peripherals other related products of various multinational companies. The first accused is the distributor of the complainant company represented by the second and third accused along with others. The accused are being the Directors purchased Trend Micro License Software on various invoices to the first accused company. On receipt of the goods the accused company issued four cheques for a sum of Rs.3,89,24,578/-, Rs.2,14,08,462/-, Rs.4,58,84,065/- and Rs.4,06,52,202/- respectively, towards the payment. When the said cheques were presented for collection on 11.07.2013, 04.09.2013, 15.07.2013 and 08.07.2013 respectively, the same were returned dishonored for the reason that the "Funds insufficient". Therefore, the complainant caused legal notice and initiated proceedings under Section 138 r/w 141 of Negotiable Instruments Act, against the accused company and other Directors.

(3.) The learned counsel appearing for the respondent in all the petitions submitted that the petitioner and other accused are whole time directors of the first accused company and they are jointly and individually in- charge and responsible for the day to day management and affairs of the first accused company. He further submitted that the petitioner along with other accused colluded and conspired together and issued the cheques, after receiving the goods from the complainant company, knowing that they did not have sufficient funds in the account and cheated the respondent/complainant company. Therefore he prayed for dismissal of the quash petitions.