COMMON ORDER

These Criminal Original Petitions have been filed to call for the records connected with the C.C.Nos.6543 & 6544 of 2015 respectively, on the file of the I Fast Track Court, Egmore, Chennai and quash the same.

2.The respondent/complainant filed both the cases for the offences punishable under Section 138 r/w Section 141 of Negotiable Instruments Act 1881.

3.The allegations common to both complaints and separately, in brief, are as follows:

The respondent/complainant is a public limited company. The first petitioner is a private limited company. The second petitioner is its Managing Director, the third and the fourth petitioners are its Directors. The petitioners 2 to 4 are in control and management of the day today affairs of the first petitioner company. The respondent/complainant entered into a contract for supply of cotton fabric vide invoice No. NF 931140 dated 3.11.2014 for Rs.6,09,108/-, Invoice No.NF 931141 dated 3.11.2014 for Rs.2,90,343/-, Invoice No.NF 931142 dated 3.11.2014 for Rs.8,76,100/- Invoice No.NF 931438 dated 7.11.2014 for Rs.1,00,729/-, Invoice No.NF 937712 dated 28.1.2015 for Rs.4,12,750/-, Invoice No.NR 935005 dated 24.12.2014 for Rs.4,42,500/-, Invoice No. NR 934440 dated 16.12.2014 for Rs.2,00,432/- Invoice No.NF 932945 dated

27.11.2014 for Rs.28,350/- Invoice No.NF 932759/- dated 25.11.2014 for Rs.2,63,900/- Invoice No.NF 937032 dated 17.1.2015 for Rs.1,74,570/-

with the first accused.

4. Pursuant to the supply of the cotton fabric vide the aforesaid invoices, the petitioners issued a cheque bearing No.798097, dated 20.12.2014 for Rs.20,91,858/- drawn on The Corporation Bank, Whites Road, Mount Road Branch, Chennai – 600 014 in C.C.No.6543 of 2015. In C.C.No.6544 of 2015, three cheques for a sum of Rs.10,50,870/- were issued as detailed below:

i. Cheque bearing No.804657 dated 10.03.2015 for Rs.4,07,938/-

(Rupees Four Lakhs Seven Thousand Nine Hundred and Thirty Eight Only) drawn on the Corporation Bank, Whites Road, Mount Road Branch, Chennai – 600 014.

ii. Cheque bearing No.804584 dated 2.03.2015 for Rs.4,42,500/-

(Rupees Four Lakhs Forty Two Thousand Five Hundred only) drawn on the Corporation Bank, Whites Road, Mount Road Branch, Chennai – 600 014.

iii.Cheque bearing No.804836 dated 26.01.2015 for Rs.2,00,432/-

(Rupees Two Lakhs Four Hundred and Thirty Two only) drawn on the Corporation Bank, Whites Road, Mount Road Branch, Chennai – 600 014.

5. The cheque for Rs.20,91,858/- was presented for collection on

20.12.2014, through the Corporation Bank, Anna Salai, Chennai. It was returned by a return memo dated 20.12.2014 with an endorsement 'funds insufficient'. It was again represented on 6.3.2015 and returned.

6. The cheques for Rs.4,07,938/- Rs.4,42,500/- and Rs.2,00,432/-

were presented for collection on 10.03.2015, 02.03.2015 and on 26.01.2015 respectively, through the Corporation Bank, Anna Salai, Chennai and were returned on 11.03.2015, 07.03.2015 and 07.03.2015 respectively, with an endorsement 'funds insufficient'.

7. A statutory notice was issued on 24.03.2015 demanding the payment of cheque amounts within a period of 15 days from the receipt of the notice. The notice was received by the petitioners. The petitioners have not paid the amount. Therefore the complaints.

8. The learned counsel for the petitioners submitted that after the receipt of notice in C.C.No.6543 of 2015, petitioners have paid the cheque amount within the period specified in the legal notice. In support of his submission, he produced the copy of the accounts statement of the respondent. It is seen from the accounts statement for the period from 03.04.2015 to 04.04.2015 that a sum of Rs.20,91,858/- was paid by the petitioners to the respondent. This amount was paid on 04.04.2015. Legal notice was issued on 24.03.2015, giving 15 days time to pay the aforesaid amount. Within the said period of 15 days, a sum of Rs.20,91,858/- was paid to the respondent by the petitioners. This payment was accepted by the learned counsel for the