2018 (6) TMI 815

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.... 3 respectively in C.C.No.198 of 2010 on the file of the Judicial Magistrate No.V, Salem, have filed the present petitions under Sections 482 of Criminal Procedure Code to quash the proceedings in C.C.No.198 of 2010 as against them. 3. The respondent M/s Book Zilla, represented by its partner R.Ranganatha Prabhu has filed a private complaint under Section 200 of Criminal Procedure Code in C.C.No.198 of 2010 before the Judicial Magistrate No.V, Salem against 6 persons namely 1. Archana Educational and Charitable Trust, represented by its Managing Trustee Mrs. J.Archana Kumari, 2. Ms.J.Archana Kumari, Managing Truestee of Archana Educational and Charitable Trust, 3.Mr.D.Jayalap, Director, Archana Institute of Technology, 4. Mr.S.Hariharan,....

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....ed 28.12.2009, calling upon the accused to make good the payment. Since the notice was returned with an endorsement addressee not in station and not returned even after 7 days . The respondent addressed a letter to the Post Master, Thimmapuram and the Chief Post Master, Chennai, requesting them to furnish details with regard to the delivery of notice to the institution and its trustees, during the period from 30.12.2009 to 06.01.2010. Since the respondent did not receive any communication from the above said persons, he sent another notice dated 09.01.2010 to the accused 1 to 6 which was also returned with an endorsement not come forward to receive even after intimation . Therefore, the respondent/complainant filed the complaint against the....

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....rustee or two or more than trustees, is a company in terms of Section 141 of the Negotiable Instruments Act. Therefore, for the offence under Section 138 of Negotiable Instruments Act committed by the trust, every trustee, who was in charge of the day today affairs of the trust, also be liable for punishment besides the trust. Now, it is to be examined as to whether the respondent/complainant had shown prima facie materials in their complaint to proceed against the present petitioners (accused 3 & 6). 5. The learned counsel appearing for the petitioners relied on the decision in Pooja Ravinder Devidasani vs. State of Maharashtra and another reported in (2014) Supreme Court Cases 1 and contended that the respondent/complainant has not exp....