JUDGMENT

V. Bakthavatsalu, J. – 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 complaint's 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 funds" 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.

4. It is seen that PW-1 who presented the complaint on behalf of the complaint-company was examined as PW-1 on August 9, 1995. After examination of PW -1 the case was posted for further hearing on several dates.

Thereafter on July 1997 the accused have filed petition to quash the proceedi