Petitioners seek quash of proceedings in C.C.No.3459 of 2009 on the file of learned V Metropolitan Magistrate, Egmore.
2. There is no representation for petitioners. Heard learned counsel for respondent.
3. The case is one alleging offence u/s.138 of the Negotiable Instruments Act. On reading the complaint, this Court finds that the first accused is a company and the necessary averment regards petitioners 2 and 3/Directors of the Company, that they were in charge of and responsible for the Company in the conduct of its affairs, is not to be found therein. Given such position, the complaint against petitioners 2 and 3 will not survive. It is brought to notice that fourth petitioner is the signatory of the cheque giving rise to the action.
The Criminal Original Petition is partly allowed. The proceedings in C.C.No.3459 of 2009 on the file of learned V Metropolitan Magistrate, Egmore, is quashed insofar as petitioners 2 and 3 are concerned. Court below shall now proceed against petitioners 1 and 4 and dispose of the case within a period of three months from the date of receipt of this order. Connected miscellaneous petitions are closed. 24.03.2017 Index:yes/no Internet:yes/no gm To The V Metropolitan Magistrate, Egmore.
C.T.SELVAM, J gm Crl.O.P.No.7005 of 2012 24.03.2017