S VISWANATHAN Vs. UNITED PHOSPHOROUS LTD

JUDGEMENT

(1.) This petition is filed by the accused in C. C. No. 133 of 1995 on the file of the Judicial Magistrate No. 1. Thiruchirapalli to quash the above case.

(2.) The respondent/complainant filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act, 1881, against the petitioners who are the Managing Director and Director of the Company called Sovisk Chamline (P.) Limited.

(3.) It is alleged in the complaint that the accused are carrying on business in selling of the complaints products and that on behalf of the company one of the Directors issued cheque on December 31, 1994, in favour of the petitioner and that when the cheque was presented in the bank, it was returned with the endorsement insufficiency of fundsT and thereupon, the complainant issued notice to the accused and as the accused has not arranged for repayment of the loan the complaint is filed.