Malai Subramanian J. - The petitioners were accused in C.C. No. 430 of 2000 on the Judicial Magistrate No. I, Pollachi, who seek to quash the complaint pending against them for an offence under section 138 of the Negotiable Instruments Act, 1881. The first petitioner is the company represented by the chairman and other petitioners are the directors of the company.

2. According to the facts as averred in the complaint, the complaint-company was dealing in cotton. While so, the complaint supplied cotton to the accused-company and on March 25,2000, the accused-company issued a cheque for a sum of Rs. 4,68,581 towards the existing liability. Subsequently, on May 2, 2000, the complainant received a demand draft for a sum of Rs. 2,00,000 from the accused and as on May 2, 2000, the amount due to the complaint was only Rs. 2,68,581. Since that amount was not paid, the complaint presented the cheque on August 30, 2000, and the same was returned on August 31,2000, with an endorsement "garnishee order received". Therefore, the complaint issued a notice on September 13, 2000, demanding the repayment of a sum of Rs. 2,68,581 within 15 days and the notice were received by the directors,