SUJINI BALAJI Vs. SHREYANS SPINNING MILLS

JUDGEMENT

(1.) THIS order shall dispose of above mentioned two petitions under Section 482, Cr. P. C. filed by the petitioners, seeking quashment of the warrants of arrest issued against the petitioners by the JMIC, ludhiana, in the proceedings under Section 138 of the negotiable Instruments act. The facts which are relevant for the decision for the present petitioners are that M/s Shreyans Spinning Mills (complainant-respondent) filed a complaint under section 138 of the Negotiable Instruments Act read with Section 420, IPC against the following. 1. M/s. Surya marketing Associates, 24, Surya Gardens, Peelamedu, coimbatore 641004 through its partners. 2. Mr. Mani alias Sethumadhavan, Partner, M/s. Surya Marketing Associates, 24, Surya Gardens, Peelamedu, Coimbatore-641004.

(2.) THIS complaint was filed in the Court of JMIC, Ludhiana and is dated 21. 2. 1995. The complainant produced preliminary evidence on various dates and thereafter the learned JMIC, Ludhiana vide order 10. 1. 1997 found that a prima facie case was made out against the accused for the offence under Section 138 of the Negotiable Instruments Act and accordingly the accused were ordered to be summoned for 13. 2. 1997. However, the accused could not be served with the summons. Thereafter, warrants of arrest against the accused were also ordered, but the accused could not be summoned even after the issuance of warrants of arrest.

(3.) VIDE order dated 5. 2. 1999, the learned Magistrate, after noticing that warrants of arrest of the accused had not been received back, ordered issuance of fresh warrants of arrest of the accused for 9. 3. 1999. On 9. 3. 1999, the complainant filed an application dated 9. 3. 1999, giving the names of various partners of accused No. 1 M/s. Surya Marketing Associates, as under: (i) Mrs. K. Krishna Veni w/o Mr. Kannappam, 24, Surya Gardens, peelamedu, Coimbatore. (ii) Smt. Sujini Balaji w/o Balaji, No. 11, Vincent Colony, R. S. Puram, coimbatore. (iii) Smt. K. Surela Devi w/o Rajendran, No. 5, Ramlinga Nagar, IInd layout Saibaba Colony, Coimbatore.