JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the proceeding in S.T.C.No.1085 of 2015 on the file of the learned Judicial Magistrate, Kotagiri in so far as it relates to the petitioners herein.)

1. This Petition has been filed under Section 482 of the Code of Criminal Procedure by A-2 and A-3 in S.T.C.No.1085 of 2015 pending on the file of the learned Judicial Magistrate, Kotagiri, seeking to quash the said S.T.C.No.1085 of 2015.

2. A-1 is Imperial Tea Company (P) Limited., represented by its Chairman A-2/first petitioner has been shown as Director of A-1. A-3/second petitioner has been shown as a private individual. A-4 is John Gerald and A-5 is Bonita Maria Dinesh.

3. In the complaint filed, it had been stated that A-1 is a Tea Broker Company, and that A-2 and A-3 are the Chairman and Director of the Company. It had thereafter been stated that “the Company has been run by the 4th and 5th accused ......”. With respect to the transactions between A-1 and the defacto complainant which is also a tea factory. A-5 had issued a postdated cheque dated 28.05.2015; on 02.04.2015 by cheque bearing No. 035635 drawn on State Bank