M O SRINIVASAN Vs. JINDAL PIPES LIMITED

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call for the records in CC.No,5370/1998 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai and quash the same.) THIS Criminal Original Petition is filed to quash the proceedings in CC.No,5370/1998 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai.

(2.) THE Petitioner is arrayed as the 3rd accused in the complaint. It appears that the Respondent had filed the complaint in CC.No,5370/1998 before the learned VII Metropolitan Magistrate under Section 138 of the Negotiable Instruments Act, alleging that three cheques dated 31.12.1997 were dishonoured. THE Metropolitan Magistrate, after taking cognizance of the complaint, dismissed the complaint under Section 256(1) of the Code of Criminal Procedure, 1973 and acquitted the accused, as the complainant was not participating in the proceedings and displayed lack of interest in pursuing the complaint. It appears that the Respondent had preferred an appeal before this Court in Crl.A.No,332/2001 and this court by order dated 13.3.2006 allowed the said criminal appeal and remanded the matter back to the VII Metropolitan Magistrate for fresh disposal.

(3.) ON a perusal of the complaint, it is averred that the Petitioner, who is arrayed as A3 and the other accused 2 and 4 are the Directors of the 1st accused Company, are taking active part in the business of the Company. Again in the body of the complaint, it is stated that the accused 2 and 4 are taking active part in the business of the Company. In the complaint, it is stated that the Company issued the cheques and the Company was represented by its Director one V.S.Narayanan, S/o. T.S.Varadhachari. Admittedly, the Petitioner is not the drawer of the Cheque. There is no averment in the complaint as to how the Petitioner has become liable as a Director of the Company and what has he played in the conduct of the business of the Company.