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2022 Supreme(Online)(MAD) 16262

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
NALINI R IYER – Appellant
Versus
M/S.B.R.SARIN AND SONS (HUF) – Respondent


C OMMON O RDER

These petitions have been filed to quash the proceedings in C.C.Nos.5348, 5088, 5349, 5100 & 5089 of 2016 on the file of the Metropolitan Magistrate, Fast Track Court-V at Saidapet, thereby taken cognizance for the offences under Section 138 of Negotiable Instruments Act (hereinafter called as NI Act), as against the petitioner/A2.

2. There are totally five complaints. The petitioner is the second accused in all the quash petitions. The respondents are the complainants and the respondents lodged complaint for the offence punishable under Section 138 of NI Act alleging that towards discharge of part liability due and payable by the accused, first accused issued cheque drawn on State Bank of India, Tiruvanmiyur Branch, Chennai. Both the accused are authorised signatory of the account maintained with their banker. The first accused has drawn the cheques with consent and knowledge of other signatory i.e. the second accused. All the cheques were presented for collection and all the cheques were returned unpaid for the reason that “no sufficient funds”. The accused persons failed to pay the amount. Hence, the complaint.

3. The learned counsel appearing for the petitioner wou

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