K SHANMUGHAM Vs. PURUSHOTHAM LAL

JUDGEMENT

(1.) THE petitioner/fourth accused in C.C. No. 10125 of 1998 and C.C. No. 10126 of 1998, on the file of the learned X Metropolitan Magistrate, Egmore, Chennai, has preferred these two revision petitions aggrieved against the common order passed in Crl. M.Ps. Nos. 1812 of 1999 and 1078 of 1999, dated August 24, 1999.

(2.) THE case in brief for the disposal of both the revision petitions is as follows : THE respondent filed two complaints under section 138 of the Negotiable Instruments Act, 1881, against the four accused and the petitioner is the fourth accused in these two cases. THE fourth accused filed petitions under section 245 of the Code of Criminal Procedure, 1973, for discharging on the ground that he had been inducted as a director of the first accused company only from June 1, 1998. THE cheques in question were issued by the second accused at the time of taking loan by the first accused. THE fourth accused was neither the managing director nor the director and he was never in charge of the day-to-day affairs of the company at the time of issue of the cheques. THE other directors have not been made party to these cases. One Mr. Xavier, who was then joint managing director, has also not been impleaded as a party to the proceedings.