BHAKTHAVATSALAM VIDHYASHRAM Vs. V VELIAH

JUDGEMENT

(1.) As the parties are the same and the facts are similar in both these original petitions, they are taken up together and a common order is recorded.

(2.) The petitioner in Crl. OP No. 16049 of 1998 are seeking for quashing the proceedings in CC No.409 of 1997 on the file of the Judicial Magistrate, Ambattur. The petitioner in Crl. OP No.19694 of 1998 was seeking for quashing the proceedings in CC No.408 of 1997 on the file of the District Munsif-cum-Judicial Magistrate, Ambattur.

(3.) The short facts are: The respondent/ complainant filed two private complaints against the petitioners in CC Nos.408 of 1997 and 409 of 1997 on the file of the District Munsif-cum-Judicial Magistrate, Ambattur, alleging that the second petitioner issued ten post-dated cheques of the first petitioner, each for a sum of Rs.2-50 lakhs. Rs.12,50,000/- was paid by the second petitioner and he had collected five cheques from the respondent. Out of the remaining five cheques, three cheques, bearing Nos.488243 of July, 4, 1997, 488244 of March, 4 1997 and 488245 of June, 15 1997, totalling Rs.7.50 lakhs, were presented for collection under one challan, through the complainant's bankers, viz., UCO Bank, Korattur Branch and the said three cheques were dishonoured with the endorsement "funds insufficient", on July, 29, 1997. The remaining two cheques bearing Nos. 488246 of June 30, 1997 and 488247 on June, 15, 1997, were presented on July 25, 1997 to the UCO Bank, Korattur Branch and they were also returned unpaid with the similar endorsement, "funds insufficient", on July 29, 1997. In respect of the presentation of these five cheques, the respondent/complainant issued a lawyer's notice, on July 31, 1997, to the petitioners/ accused, which was served on the first and fourth petitioners. Notices sent to the second and third petitioners were returned unclaimed. Therefore, the respondent/ complainant filed complaints, in CC No.408 of 1997, in respect of the three cheques and in CC No.409 of 1997, in respect of the two cheques, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"), as the cheques were dishonoured. To quash the proceedings in both the CC Nos., these two Crl. O.Ps. have been filed.