SURESH MOTWANI Vs. DEVIDAS THAWANI

JUDGEMENT

(1.) The petitioners questioned issuance of process for offence under Section 138 and 141 of the Negotiable Instruments Act. This Court has, on earlier occasion considering age of the complainant, huge amount of payment as deposits being involved, waiting since 2002 for the cheque dated 29.3.2002, parties were asked to ensure settlement, however, it did not materialised.

(2.) In a complaint against Sun Earth Ceramics Ltd. and others, the petitioner was one of accused. The case is, deposit of Rs.30,00,000/- vide cheque on the basis of negotiable instrument and the company towards repayment and in discharge of liability of said deposit drew, issued and handed over a cheque bearing no.31151 dated 29.3.2002 drawn on Karnataka Bank Ltd., Fort, Mumbai. After ensuring statutory compliance since the payment was not made, the complaint as stated above is filed by respondent no.1. The learned Judge has issued process by order dated 13.6.2002. In another matter the cheque issued was for Rs.15,00,000/- and dishonoured, after procedure, complaint was filed.

(3.) The learned Counsel for petitioners submits that petitioner Mr.Suresh was a Chairman while Mr.Kishore was a Director of the Company at the material time, however, they have no role in transacting with respondent no.1. The complaint does not disclose offence in terms of Section 138 read with Section 141 of the Negotiable Instruments Act fixing liability of the Directors.