S P SUBRAMANIAM Vs. VASAVI COTTON TRADERS

JUDGEMENT

(1.) Criminal Petitions Nos. 2234 and 2235 of 1999 are filed by the petitioner who is arrayed as A-5 in C.C. Nos. 1 of 1999 and 288 of 1998 on the file of the Judicial Ist Class Magistrate, Proddatur, respectively. Criminal Petitions Nos. 2241 and 2242 of 1999 are filed by A-3, A-4 and A-6 in the said cases.

(2.) As the point involved in all these petitions is one and the same, all the petitions are disposed of by common order.

(3.) The facts are that Vetri Spinning Mills (P) Limited is a private limited company and the petitioners herein are the Directors of the said company registered under the Companies Act, of which Sri S. Ramamoorthy (A-2) is the Managing Director and the petitioners herein are the Directors. The 1st accused-company is having business dealings with (1) Vasavi Cotton Traders, complainant in C.C. No. 1 of 1999 and (2) Sri Vijaya Krishna Ginning Mill, complainant in C.C.No. 288 of 1998 and in their business transaction, cheques were issued by the 1st accused-company, signed by the Managing Director i.e., A-2. When the cheques were presented, they were dishonoured and returned to the complainant with an endorsement "insufficient funds." After complying with the provisions as contemplated under S. 138 of the Negotiable Instruments Act, i.e., issuance of notice etc., the complainants filed the complaints under S. 138 of the said Act. Questioning the said complaints, the present petitions are filed under S. 482 of the Criminal Procedure Code alleging that maintenance of the complaints is nothing but an abuse of the process of the Court.