Anu Bhandari vs M/S Poly Pipes India Private ...
2021 Latest Caselaw 9256 Mad

                                                                                 Crl.O.P.No.726 of 2018



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 08.04.2021

                                                       CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               Crl.O.P.No.726 of 2018


                     1. Anu Bhandari, F/A 22 years,
                        Director
                        Saffron Proplus Private Limited

                     2. Minu Bhandari F/A 22 years,
                        Director
                       Saffron Proplus Private Limited                              ...Petitioners

                                                          Vs.

                     M/s Poly Pipes India Private Limited
                     Represented by its Sales Manager,
                     Mr.S.Ganapathy Krishnan
                     Son of N.Sundaram
                     'Lakshmi Shankara'
                     No.95, Dr.Alagappa Road,
                     Purasawalkam
                     Chennai- 600 084.                                             ...Respondent


                     Prayer: The Criminal Original Petition filed under Section 482 of Cr.P.C.,

                     to call for the records relating to the C.C.No.8511 of 2017 on the file of the

                     Learned Metropolitan Magistrate (FTC-III) Saidapet and quash the same by

                     1/6

https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.726 of 2018



                     allowing the Crimeina Original Petition,


                                     For Petitioners     : Mr.M.Guruprasad
                                     For Respondent      : Mr.L.Rajasekar


                                                        ORDER

This Criminal Original Petition has been filed seeking to call for the

records in C.C.No.8511 of 2017 pending on the file of the Learned

Metropolitan Magistrate (FTC-III) Saidapet and quash the same..

2. The case of the petitioner is that M/s Saffron Proplus Private

Limited was running by Anil Bhandari who is the Managing Director, and

the petitioners are Directors of the said Company. The First accused is the

company, second and third accused have placed the orders for the supply of

PVC Resin, coated Calcium Carbonate and Lime Stone Powder on behalf of

the First accused Company and the complainant had supplied the same to

the First accused company. Thereafter, the company have issued a 3 post

dated cheques in favour of the complainant for a sum of Rs.9,83,287/-. The

said cheques were presented and the same was returned with an

endorsement sufficient funds. Thereafter, the respondent/defacto

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.726 of 2018

complainant had lodged a complainant under Section 138 of the Negotiable

Instruments Act before the Competent Court including the petitioners on the

ground that the petitioners are the Directors of the said Company.

Therefore, the petitioners have filed a petition under Section 482 of Cr.P.C

to quash the complaint.

3. The learned counsel for the petitioners submit that the petitioners

are Directors of the said Company and they did not participated in the

transactions of the company. He would further submit that the Company

was run by his father and no documents were produced for participation of

the petitioners. He would further submits that without going into the merits

of the case, it would suffice, if this Court issues a direction to the Trial

Court to expedite the trial and complete the same as early as possible. He

would further submit that the appearance of the petitioners before the Trial

Court may be dispensed with and would further submit that the petitioners

are ready and willing to appear as and when necessary arises.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.726 of 2018

4.The learned counsel appearing for the respondent would submit that

the petitioners are the Directors of the said Company. He would further

submit that the petitioners have also involvement in the cheque transaction.

Hence, he prays for dismissed the petition.

5. Considering the facts and circumstances of the case, the petitioners

being lady and admittedly, the petitioners are Directors of the said Company

and their father is running a company. However, this Court perused the

materials to show that the no other documents were produced and the

petitioners have issued a cheques in favour of the respondent to shows that

the petitioners are participated in the day-to-day affairs of the company.

6. In view of the above, this Court directs the Learned Metropolitan

Magistrate (FTC-III) Saidapet, to expedite the trial in C.C.No.8511 of 2017

and complete the same within a period of six months from the date of

receipt of a copy of this order. The appearance of the petitioners before the

Trial Court is dispensed with. However, this order will not stand on the way

of the Trial Court to insist for the appearance of the petitioners for receiving

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.726 of 2018

copies under Section 207 of Cr.P.C., framing of charges, questioning under

Section 313 of Cr.P.C. and judgment and as and when the Trial Court feels

it necessary.

7.With the above directions, this Criminal Original Petition is

disposed of.

08.04.2021 msrm

To

1.The learned Metropolitan Magistrate (FTC-III), Saidapet, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.726 of 2018

M.DHANDAPANI,J.

msrm

Crl.O.P.No.726 of 2018

08.04.2021

https://www.mhc.tn.gov.in/judis/