O R D E R

This Criminal Original Petition is filed by the petitioners to call for the records and quash the above complaint in S.T.C.No.919 of 2019 filed by the respondent pending on the file of the Learned Judicial Magistrate-II, Attur, Salem.

2. The first petitioner is a movie producer firm represented by the second accused. The second and third accused are producers of the Movie titled “Panju Mittai”. The complaint is with regard to dishonouring of cheque dated 27/12/2018 issued for Rs.25,00,000/- from the first accused account maintained at HDFC Bank, Valasarawakkam Branch Chennai. On behalf of the first accused Firm, the cheque was signed jointly by the accused 2 and 3 as its authorised signatories. Private complaint laid under Section 138 of Negotiable and Instrument Act, taken on file as S.T.C.No.919 of 2019 by the learned Judicial Magistrate II, Attur, Salem. The said complaint is sought to be quashed in the present petition filed under Section 482 of Cr.P.C .

3. The complaint leading to issuance of summons to the accused/petitioners reads as below:-

The complainant, who came to know the 2nd and 3rd petitioners through his friend T.P.Rajasekar Reddiyar gave loan of Rs.25,00,000/- to them for their pre-production expenses of the movie “Panju Mittai”. On 02/01/2015, an undated cheque for Rs.25,00,000/- bearing No.000222 of first accused (Deepam Cinema) was jointly signed and issued by the accused 2 and 3, with a specific understanding that, after release of the movie, on intimation from 2nd and 3rd accused, the complainant to fill the date and present it for collection. The release of the movie got delayed and the accused 2 and 3 demanded an additional finance of Rs.10,00,000/- to complete the movie. Being entangled, the complainant arranged additional loan of Rs.10,00,000/- from the owner of “Bala Sweets and Bakery” and transferred Rs.5,00,000/- on 18/03/2015 and another Rs.5,00,000/- on 19/03/2015 totally Rs.10,00,000/- into the first accused account by way of RTGS. For these payment, the accused 2 and 3 issued HDFC Bank cheque bearing No.000223 for Rs.10,00,000/-. On receipt of this money, the accused 2 and 3 executed an agreement captioned “Opantha Pathiram” on 20/03/2015 acknowledging the receipt of Rs.35,00,000/- in total and agreed to repay it with 8.75% of the profit earned through the movie. If the movie does not earn any profit, the money borrowed alone will be repaid.

4. On 07/11/2017, a document captioned ‘muchilika’ was executed mentioning the loan as Rs.36,50,000/- and the issuance of two cheques mentioned above. The movie “Panju Mittai” released on 01/06/2017, but even after the release of the movie, the accused did not pay the money borrowed as promised. After exerting pressure on them, they called the complainant on 26/12/2018 and informed to present the cheques after filing the date as 27/12/2018 and present both the cheques one drawn in his favour for Rs.25,00,000/- and another drawn in favour of “Bala Sweet and Bakers” for Rs.10,00,000/-. However, soon thereafter, called the complainant and asked him to come to Chennai and collect the money financed along with profit. Believing their words, the complainant came to Chennai, they collected the cheque drawn for Rs.10,00,000/- in the name of ‘Bala Sweets and Bakery’ and the document titled ‘Opantha pathiram’ and paid Rs.10,00,000/- through RTGS to “Bala Sweets and Bakery” and for the cheque Rs.25,00,000/-, they transferred only Rs.15,00,000/- through RTGS and told that, the said money is for the profit and to present the cheque on 03/01/2019 and encash it.

5. When the cheque presented for collection, it returned with endorsement “Payment stopped by the drawer”. The intimation memo received on 04/01/2019. Statutory notice dated 21/01/2019 received by the 2nd accused on 28/01/2019. The third accused refused to receive on 30/01/2019. The accused replied through Advocate on 15/02/2019 containing false averments. Hence, the complaint under Section 142 of the Nego