IMPORTANT POINT
Drawer of the cheque is primarily liable if the cheque is bounced.

K.J. Rohee, J.—Rule. Rule made returnable forthwith. The learned APP and the learned counsel waive service of notice on behalf of respondent Nos. 1 and 2 respectively. Heard finally by consent of the parties.

2. By this application under Section 482 of the Code of Criminal Procedure the applicants seek to quash and set aside the Order dated 30-10-2003 directing issuance of process against them for the offence under Section 138 of the Negotiable Instruments Act by Judicial Magistrate, First Class, 4th Court, Akola in Criminal Complaint Case No.18620 of 2003.

3. In Order to appreciate the controversy involved in the present case, brief resume of the facts is necessary.

4. Applicant No.1 Selvarani Cotton Mills Private Limited (hereinafter referred to as accused no.1) is a Company situated at Dindugal, District - Coimbatore (Tamil Nadu). Applicant Nos.2 and 3 (hereinafter referred to as accused Nos.2 and 3) are the Directors of applicant No.1. They deal in cotton business.

5. Respondent No.2 Vimal Goenka Industries (hereinafter referred to as the Complainant) is a registered partnership firm dealing in cotton at Akola (Maharashtra).

6. The complainant filed complaint against the applicants showing them as accused Nos. 1 to 3, Shri. Mahalakshmi Dhruvesh Textiles, Coimbatore as accused no.4 (hereinafter referred to as accused No.4), Anithea Atul Shah as accused no.5 (hereinafter referred to as accused No.5) and Atul Shah as accused no.6 (hereinafter referred to as accused No.6) who look after the business of Shri. Mahalakshmi Dhruvesh Textiles.

7. According to the complainant, accused No.1 through its Directors namely accused Nos.2 and 3 purchased cotton bales from the complainant from time to time. At the time of the transaction, accused Nos.2 and 3 informed the complainant that accused Nos.4 to 6 are the yarn buyers of accused No.1 and that accused No.1 made arrangement with accused Nos.4 to 6 for making payment to the complainant on behalf of accused No.1 for the cotton bales supplied by the complainant to accused No.1. Accused Nos. 1 to 3 undertook the responsibility for realization of the cheques. A letter to the effect was issued by accused no.2 to the complainant. Accused Nos.5 and 6 represented the complainant that they look after the day-to-day business of accused No.4 and are responsible for the conduct of its business. Accused Nos.5 and 6 undertook the responsibility to make the payment of accused No.1.

8. Accordingly Cheque No.101013 dated 20-1-2003 for Rs.6,50,000/- and Cheque No.101014 dated 23-1-2003 for Rs.6,50,000/-drawn on Centurion Bank, Coimbatore were issued by accused no.4 under the signature of accused no.5 with the consent and knowledge of all the accused persons in favour of the complainant for making payment of the cotton bales supplied by the complainant to accused No.1. A letter was also issued in that behalf by accused no.4. Thus the cheques were issued by accused no.5 in favour of the complainant in discharge of the existing legal liability towards the complainant. According to the complainant, in view of the inter se arrangement made by the accused persons the responsibility to pay the amount to the complainant was joint and several.

9. Cheque No.101013 dated 20-1-2003 for Rs.6,50,000/- issued in favour of the complainant was duly honoured. However, Cheque No.101014 dated 23-1-2003 for Rs.6,50,000/- presented by the complainant through their Banker-Union Bank of India, Akola was dishonoured by the banker with the endorsement that the payment was stopped by the drawer. The Bank Memo dated 5-7-2003 was received by the complainant on 11 -7- 2003.

10. Thereafter on 17-7-2003 the complainant issued notice to all the accused persons by registered post as well as Under Certificate of Posting on 28- 7-2003. As no payment was made in pursuance of the demand notice, the complainant instituted complaint on 11-9-2003. By Order dated 30-10-2003, JMFC 4th Court, Akola issued process against all the accused u