IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 30.09.2021 CORAM THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.Nos.27705 & 27966/2015 & MP.Nos.1, 1, 2 & 2/2015 [4 MPs] in Crl.P.Nos.27705 & 27966/2015 [Video Conferencing]

R.Sumathi ... Petitioner in both Petitions Versus Sri Balaji Yarns, Rep. by its Partners, 1)Rahja Manickam, 2)S.Jayakumar Having its place of business at No.44 B, Rakkipalayam Road, Ammapalyam, Anuparpalyam Post, Avinashi Taluk, Rep. By its Office In-charge &

Power of Attorney Agent, S.Mani ... Respondent in both petitions Common Prayer : - Criminal Original Petitions filed under Section 482 of Cr.P.C., to call for records in C.C.No.29/2017 and CC.No.28/2017 pending on the file of Learned Judicial Magistrate Court, Avinashi and quash all further proceedings in the said case as against the petitioner herein.

For Petitioner in both Petitions : Mr.R.Baskar For Respondent in both Petitions : Mr.N.Umapathi COMMON ORDER (1) Heard Mr.R.Baskar, learned counsel for the petitioner and Mr.N.Umapathi, learned counsel for the respondent.

(2) Since common arguments were advanced with respect to both the petitions, a common order is passed.

(3) In both the petitions, parties are also the same and they are also agitating more or less on the same issue.

(4) Two complaints came to be filed by the respondent in both the petitions, under Section 138 of the Negotiable Instruments Act read with 200 Cr.P.C., before the learned Judicial Magistrate No.1, at Tiruppur.

(5) The complaint given with respect to Crl.OP.No.27705/2015 had originally been taken cognizance as CC.No.306/2015 by the learned Judicial Magistrate, Fast Track Court at Magisterial Level at Tiruppur. I am also informed that it had been subsequently transferred to the learned Judicial Magistrate at Avinashi and registered as CC.No.29/2017.

(6) The complaint with respect to Crl.OP.No.27966/2015 had originally been taken cognizance as CC.No.304/2015 by the learned Judicial Magistrate, Fast Track Court at Magisterial Level at Tiruppur and subsequently, had been transferred to the Court of Judicial Magistrate, Avinashi, and renumbered as CC.No.28/2017.

(7) The respondent in both the cases/complainant is Sri Balaji Yarns, represented by its Partners. They had, transactions with A1, viz., SRS Knitting at Tiruppur, which is a Partnership Firm. The partners had been shown as A2 and A3. They are spouses.

(8) In view of the business transactions, two cheques had been issued towards an existing liability. Both the cheques were dated 08.12.2008. The first cheque bore No.640583 and the second cheque bore No.090309. They were both drawn on the South Indian Bank Limited, Main Branch, Tiruppur. The first cheque was for a sum of Rs.2,62,850/- and the second cheque was for a sum of Rs.3,73,200/-.

(9) Crl.OP.No.27705/2015 is with respect to cheque amount Rs.2,62,850/- and Crl.OP.No.27966/2015 is with respect to cheque amount Rs.3,73,200/-. Both the cheques when presented for payment, returned dishonoured. In view of that particular fact, after issuing notice and after going through required procedural process, the defacto complainant had given two separate complaints, originally before the learned Judicial Magistrate/Fast Track Court at Magisterial Level, Tiruppur and which Court had taken cognizance of both the complaints as aforesaid, as CC.Nos.306/2015 and 304/2015. On transfer, they are now pending on the file of the Court of Judicial Magistrate, Avinashi.

(10) Mr.R.Baskar, learned counsel for the petitioner raised one issue, viz., that the petitioner herein/A3 who is also incidentally a partner of A1/Firm, had not signed the cheques. It is also pointed out that except for the allegation, she was responsible for all transactions and also for the day-to-day activities of A1/Firm, it is specifically pointed out that the only further statement made in the complaints is that the cheques were signed by A2/her husband in her presence.

(11) The said averments have been interpreted in two different