THANGAMANI J.

The petitioners are the accused in C.C. No. 1069 of 1992, on the file of the XVIIIth Metropolitan Magistrate Court, Saidapet. The first accused is a public limited company while the second and the third accused are its managing director and joint managing director respectively. The respondent herein, Aiyswarya Chemicals, had preferred the complaint against the petitioners alleging that in part settlement of the amount due to the complainant, accused 2 and 3 in. their capacity as managing director and joint managing director, respectively, issued these cheques on behalf of the first accused :

1. A cheque for Rs. 20, 000, dated September 19, 1991.

2. A cheque for Rs. 5, 000, dated October 1, 1991.

3. A cheque for Rs. 10, 000, dated September 15, 1991.

4. A cheque for Rs. 10, 000, dated September 30, 1991.

When they were presented for payment on December 14, 1991, they were returned with the endorsements " excess arrangement " " insufficient funds ". Thereupon, the complainant issued a notice contemplated under section 138 of the Negotiable Instruments Act calling upon them to pay the sum of Rs. 45, 000 covered by the four cheques referred to above. The notices we