Crl.O.P.No.10410 of 2019
and Crl.M.P.No.5392 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.09.2022
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.O.P.No.10410 of 2019
and
Crl.M.P.No.5392 of 2019
Muthukumar .. Petitioner
Vs.
J.Nithya ..Respondent
PRAYER : Criminal Original Petition has been filed under section 482
of Criminal Procedure Code to call for the records in C.C.No.1036 of
2018 on the file of the learned Fast Track Magistrate No.II, Coimbatore
and quash the same.
For Petitioner : Mr.N.Subbarayalu
For Respondent : Mr.C.Gunasekaran
ORDER
This Criminal Original Petition is filed to quash the private complaint initiated under Section 138 of Negotiable Instruments Act. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10410 of 2019 and Crl.M.P.No.5392 of 2019
2. The short point canvased by the learned counsel for the petitioner is that the subject cheque was issued by Susin Itork India Private Limited, signed by its authorized signatory. Whereas, the statutory notice was issued to Susin Technologies Private Limited and one Muthukumar, who is the authorized signatory of Susin Itork India Private Limited. The statutory notice was duly stating that there is dispute regarding the quality of the work done by the complainant and therefore, there is no due payable. However, the complaint was filed and taken cognizance.
3. The learned counsel submits that while the drawer of the cheque being M/s.Susin Itork India Private Limited, prosecution cannot be laid against the sister's concern. In support of his submission, the judgment of the Hon'ble Supreme Court in Aneeta Hada Vs. Godfather Travels and Tours Private Limited reported in (2012) 5 SCC 661 relied and Section 141 of Negotiable Instruments Act referred to plead that the vicarious liability on behalf of the company can only to be fastened upon the person who are responsible for the management of the 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10410 of 2019 and Crl.M.P.No.5392 of 2019 company and who had knowledge of issuance of the cheque.
4. In the entire complaint, this Court cannot find how the petitioners 2 and 3 can be arrayed as accused without any averment in the complaint about their responsibility in the management of Susin Itork India Private Limited, who is the drawer of the cheque. Since the complaint is provided all the details and the statutory notice itself is caused to a wrong company, the private complaint under Section 138 of N.I.Act is not legally sustainable. Hence, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed.
08.09.2022 Internet : Yes/No Index: Yes/No rpl To The Fast Track Magistrate No.II, Coimbatore.
Dr.G.JAYACHANDRAN, J.
3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10410 of 2019 and Crl.M.P.No.5392 of 2019 rpl Crl.O.P.No.10410 of 2019 and Crl.M.P.No.5392 of 2019 08.09.2022 4/4 https://www.mhc.tn.gov.in/judis