D ANURADHA Vs. BOOK ZILLA

JUDGEMENT

(1.) Heard Mr.T.T.Ravichandran, learned counsel appearing for the petitioner and Mr.Rajasekaran, learned counsel appearing for the 1st respondent and Mr.K.Selvaraj, learned counsel appearing for the respondent.

(2.) D.Anuradha, petitioner in Crl.O.P.No.10510 of 2011 and D.Jeyapal, petitioner in Crl.O.P.No.10511 of 2011, who are arrayed as accused No.6 and 3 respectively in C.C.No.198 of 2010 on the file of the Judicial Magistrate No.V, Salem, have filed the present petitions under Sections 482 of Criminal Procedure Code to quash the proceedings in C.C.No.198 of 2010 as against them.

(3.) The respondent M/s Book Zilla, represented by its partner R.Ranganatha Prabhu has filed a private complaint under Section 200 of Criminal Procedure Code in C.C.No.198 of 2010 before the Judicial Magistrate No.V, Salem against 6 persons namely 1. Archana Educational and Charitable Trust, represented by its Managing Trustee Mrs. J.Archana Kumari, 2. Ms.J.Archana Kumari, Managing Truestee of Archana Educational and Charitable Trust, 3.Mr.D.Jayalap, Director, Archana Institute of Technology, 4. Mr.S.Hariharan, Director, Archana Institute of Technology, 5. Mr.J.Anna Andrews, Director, Archana Institute of Technology, Mrs.D.Anuradha Truestee of Archana Educational and Charitable Trust, as respondents for an alleged offence punishable under Section 138 of Negotiable Instruments Act. The case of the respondent/complainant is that they supplied books to M/s Archana Educational and Charitable Trust (A1), an educational institution, valued at Rs.15,24,416/-, that the accused 1 to 6, who are running the said institution, paid only a sum of Rs.40,000/- and issued 3 cheques towards part payment of balance amount as mentioned below.