A MURALI MOHAN Vs. STATE OF A P

JUDGEMENT

(1.) All the four Criminal Petitions are filed under Section 482 of Code of Criminal Procedure by the same accused No. 1 in four different Calendar Case Nos. 628, 629, 552 and 573 of 1999 on the file of VIII Metropolitan Magistrate, Gajuwaka, to quash the said calendar cases against him.

(2.) The offence alleged to have been committed by the petitioner is under Section 138 read with 142 of Negotiable Instrument Act. The petitioner is arrayed as Manager of Leafin India Limited (hereinafter referred as 'the Company') of Visakhapatnam Branch. The Divisional Manager, the whole time Director and the Chairman-cum- Managing Director of the Company, were also arrayed as accused Nos. 2,3 and 4. The four different bearers of different cheques filed, the said four different complaints, alleging that the petitioner herein/accused No. 1 is the Area Manager, accused No. 2 is the Divisional Manager, accused No. 3 is the whole time Director of the company and accused No. 4 is the Chairman-cum- Managing Director, and their office is situated at Domulguda in Hyderabad and the business of their company is to collect deposits and repay the same with interest etc.

(3.) The complainants alleged that their amounts were deposited in the company towards short-term deposits and after receiving the said amount by the 1st accused, the 4th accused issued cheques to the complainants through the 1st accused at complainants' residence. It is also alleged by the complainants that they made correspondence through the 1st accused. When the complainants presented the said cheques for collection, the same were dishonoured due to the reason "exceed arrangements". The complainants made correspondence with the 1st accused and demanded for the amounts covered by the above-mentioned cheques by way of legal notices, which were returned un-served and accused never received the same. Thus all the accused have committed the offence punishable under Section 138 of Negotiable Instruments Act, and they are liable to be punished.