(Common Prayer in Crl.O.P.Nos.520 and 25318 of 2018: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the complaint against the petitioner/10th accused in C.C.Nos.3645 and 3647 of 2016, respectively, on the file of the learned Metropolitan Magistrate, FTC- III, Saidapet, Chennai.

Common Prayer in Crl.O.P.Nos.25307 and 25314 of 2018: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the complaint against the petitioner/10th accused in C.C.Nos.3648 and 3644 of 2016, respectively on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai.)

1. These petitions have been filed to quash the proceedings initiated by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act in C.C.Nos.3645 and 3647 of 2016, on the file of the learned Metropolitan Magistrate, FTC-III, Saidapet, Chennai and C.C.Nos.3648 and 3644 of 2016 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai as against the petitioner.

2. According to the complainant, it is a Private Limited company and it has been carrying business of distribution of computers and computer peripherals other related products of various multinational companies. The first accused is the distributor of the complainant company represented by the second and third accused along with others. The accused are being the Directors purchased Trend Micro License Software on various invoices to the first accused company. On receipt of the goods the accused company issued four cheques for a sum of Rs.3,89,24,578/-, Rs.2,14,08,462/-, Rs.4,58,84,065/- and Rs.4,06,52,202/- respectively, towards the payment. When the said cheques were presented for collection on 11.07.2013, 04.09.2013, 15.07.2013 and 08.07.2013 respectively, the same were returned dishonored for the reason that the “Funds insufficient”. Therefore, the complainant caused legal notice and initiated proceedings under Section 138 r/w 141 of Negotiable Instruments Act, against the accused company and other Directors.

2.1. The learned counsel appearing for the petitioner in all petitions submitted that there are totally ten accused in all the proceedings, in which the petitioner is arraigned as A10. He further submitted that the petitioner is not a signatory of the cheque and he is not a Director of the first accused company. The alleged cheques were presented for collection on 11.07.2013, 04.09.2013, 15.07.2013 and 08.07.2013 respectively. Whereas the petitioner sent a letter dated 12.08.2013 stating that he was resigned from the first accused company from 01.03.2013 itself. He further submitted that the petitioner was working as General Manager in a Nationalized company and after his retirement, he was joined with the first accused company and promoted as Vice President (Internal Audit) of the first accused company on 01.10.2011, till his resignation on 01.03.2013. He further submitted that the petitioner never acted as in charge of the day to day affairs of the company and never involved any purchase or selling transaction of the first accused company as alleged by the respondent herein. Therefore, he prayed for quashment of all the proceedings.

3. The learned counsel appearing for the respondent in all the petitions submitted that the petitioner and other accused are whole time directors of the first accused company and they are jointly and individually in-charge and responsible for the day to day management and affairs of the first accused company. He further submitted that the petitioner along with other accused colluded and conspired together and issued the cheques, after receiving the goods from the complainant company, knowing that they did not have sufficient funds in the account and cheated the respondent/complainant company. Therefore he prayed for dismissal of the quash petitions.

4. Heard Mr.C.Nithysh Sekhar, learned counsel appearing for the petitioner