C.S.KARNAN, J. - (1.) THE petitioners have filed the above Criminal Original Petition to call for the records in C.C.No.1724 of 2005 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the same.
(2.) THE facts of the case is as follows: The respondent/complainant herein is a bank -body corporate constituted under the Companies Act, 1956. The petitioner/accused approached the complainant for getting credit facilities to the tune of Rs.15 crores. The same was availed by the accused, for which the first accused company had issued a post dated cheque for Rs.11 crores in favour of the complainant. The said cheque was bearing No.055614 dated 31.8.2003, drawn on City Union Bank Ltd, Mandaveli Branch, Chennai -28 and the said cheque was signed by the second and seventh accused, in their capacities as authorised signatories. The said cheque when presented with them for clearance was dishonoured and returned with an endorsement, "insufficient funds" by accused banker vide memo dated 2.12.2003. After return of the cheque, the complainant issued legal notice to the accused 1 to 7 on 16.12.2003, demanding the payment of the above referred cheque amount. The said notice was sent to the registered office address of the company and the same was returned with the reason as 'left' by accused 1 to 7.
(3.) THE notice sent to the present office address was received by the first accused and returned by the accused 2 to 7 stating the reason as 'not claimed'. The said notice was sent to the residence address of the accused 2 to 5, which were also returned. Accused 4 and 6 received the notice and sent a reply notice stating that they have resigned the directorship of the first accused company. As such, the accused 1 to 7 committed offence under Section 138 of Negotiable Instruments Act. Hence, the complainant filed the complaint before the learned Magistrate, Saidapet, against the accused. Supporting the complainant's case, the complainant filed four documents and mentioned two witnesses. The learned Magistrate, after recording the statement of the complainant, considering the ingredients of the complaint and perusal of the documents, has taken the case on his file after applying his judicial mind.;