The instant Crl.O.P. is to quash the proceedings in C.C. No. 413 of 1997 on the file of the Judicial Magistrate No. 1. Tuticorin.

2. This Crl.O.P. has arisen in this way :-

A complaint has been preferred by the respondent herein against five accused. Accused No. 3, M/s. Karthick Fisheries, and Accused No. 5, M/s. Karthick Multi Packs Pvt. Ltd., are companies. Accused No. 1, N. K. Kumar, is the Managing Director of Accused No. 3 and one of the Directors of Accused No. 5. Accused No. 2 is the Director of Accused No. 3 and Accused No. 5. Accused No. 4 is also a Director of Accused No. 5. Accused No. 3, M/s. Karthick Fisheries incurred debt to the tune of Rs. 42,31,737.00 with the complainant/respondent herein in purchasing prawns. The accused made certain payments. As on April, 1996, the outstanding due from Accused No. 3 was Rs. 22,12,000/-. As the Chairman-cum-Managing Director of Accused No. 5, i.e. M/s. Karthick Multi Packs Pvt. Ltd., Accused No. 1 issued a cheque for the said amount on 14-6-1997 drawn on Bank of Madura Ltd., T. Nagar, Madras. The Complainant/respondent herein presented the cheque through the Indian Bank, Melur, Tuticorin. On 2-7-1997, the cheque was r