IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.04.2010 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl. O.P. No. 1613 of 2007 and M.P. No. 1 of 2007 1.K.Saravanan 2.K.Savithri 3.K.Sharmila .. Petitioners/Accused 3 to 5 -vs- T.V.Mylsamy .. Respondent/Complaint Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Criminal Proceedings in C.C. No. 389 of 2004 on the file of the Judicial Magistrate No.II, Coimbatore and quash the same in respect of the petitioners herein by allowing this quash petition. ---- For Petitioners : Mr.N.Manoharan For Respondent : Mr.S.N.Thangaraj ---- O R D E R The petitioners are the accused 3 to 5 in the case pending in C.C. No. 389 of 2004. Such is a case for prosecution of alleged offence under Section 138 of Negotiable Instruments Act. A cheque issued in favour of the company by name M.Veerappan and Company Trading Private Limited, in a sum of Rs. 2,00,000/- on 23.02.2004 had been endorsed in favour of the respondent/complainant T.V.Mylsamy, who is the proprietor of Kavya International. On not having payment on the cheque on presentation, the respondent/complainant had followed the procedure under Section 138 of Negotiable Instruments Act and preferred the complaint against both the accused company which issued the cheque M/S Veerappa Steels private limited as also the endorsor in his favour M/S M.Veerappan and Company Trading Private Limited and also its directors. It may be mentioned that the second accused has issued the cheque on behalf of the Veerappa Steels Private Limited in his capacity as Managing https://hcservices.ecourts.gov.in/hcservices/ Director and again endorsed the same in favour of the defacto complainant in his capacity as Managing Director of M.Veerappan and Company Trading Private Limited. The petitioners herein, are the accused 3 to 5 and they have been arrayed as accused in their capacity as Directors of the first accused company. The petition has to be quashed as against the accused 3 to 5 on the sole ground that the complaint has not informed that these petitioners, who are the directors of the first accused company were in-charge of and responsible to the company at the time of the commission of offence. Such has been held to be a necessary averment by the decision of the Hon'ble Apex Court in 2005(5) CTC 65 (S.M.S. Pharmaceuticals Ltd., v. Netta Bhalla and another). 2. The learned counsel for the respondent submits that the case has been pending before the lower Court since 2004 and an early disposal thereof would meet the ends of justice. Considering the said submissions, this Court directs the lower Court to dispose of the proceedings in C.C. No. 389 of 2004 within a period of three months from the date of receipt of a copy of this order. 3. With the above observation, this criminal original petition is disposed of and the connected miscellaneous petition is closed. kj Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Judicial Magistrate No.II, Coimbatore. 2. Do Through the Chief Judicial Magistrate, Coimbatore. + 1 cc to M/s. N.Manokaran, Advocate SR No.23451 + 1 cc to M/s. N. Damodaran, Advocate SR No.23265 RV(CO) SR/6.5.2010 Crl. O.P. No. 1613 of 2007 and M.P. No. 1 of 2007 https://hcservices.ecourts.gov.in/hcservices/