D.S.Ramalingam vs M/S.K.P.Textiles (Cbe) Pvt. Ltd
2021 Latest Caselaw 24574 Mad

                                                                               Crl.O.P.No.23361 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 14.12.2021

                                                          CORAM :

                              THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                              Crl.O.P.No.23361 of 2017
                                                        and
                                         Crl.M.P.Nos.13586 & 13587 of 2017

                     D.S.Ramalingam                                           ... Petitioner

                                                             Vs.

                     M/s.K.P.Textiles (CBE) Pvt. Ltd.,
                     Represented by its Power of Attorney,
                     Mathan Murugan,
                     4/237, Karanampettai (P.O.),
                     Near Sullur,
                     Coimbatore – 641 402.                                    ... Respondent


                     Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call
                     for the records in C.C.No.88 of 2011 pending on the file of Judicial
                     Magistrate, Fast Track Court – I (at Magistrate Level), Coimbatore and
                     quash the same.

                                         For Petitioner      : Mr.N.P.Kumar

                                         For Respondent      : Ms.Yogalakshmi
                                                               for M/s.P.Mahesh Kumar


                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.23361 of 2017



                                                          ORDER

This Criminal Original Petition has been filed to quash the

proceedings in C.C.No.88 of 2011 pending on the file of Judicial Magistrate,

Fast Track Court – I (at Magistrate Level), Coimbatore, for the offence under

Section 138 of the Negotiable Instruments Act.

2.The case of the complainant is that the complainant's company is

doing textile business and Mr.Mathan Murugan was working as Quality

Control In-charge and acted as a Power Agent of the complainant's company.

The accused firm was into business with the complainant's company and on

account of the business transaction, the accused firm owed a total

outstanding sum of Rs.74,71,021/- to the complainant company. Thereafter,

the accused had paid a part of the amount and towards the balance amount,

the accused had issued seven cheques totalling to Rs.35 Lakhs. When the

cheques were presented by the complainant for encashment, the same were

returned unpaid for the reason “Exceeds arrangements”. The complainant

sent a legal notice dated 08.12.2020 to the accused and the accused received

https://www.mhc.tn.gov.in/judis Crl.O.P.No.23361 of 2017

the same on 11.12.2020, but neither replied nor repaid the amount.

Therefore, the complainant has initiated prosecution against the accused for

the offence under Section 138 of the Negotiable Instruments Act.

3.The main ground on which the quashment is sought for by the

learned counsel for the petitioner is that, though the cause title of the

complaint indicates the name of the company first, in the long cause title, the

name of the Power Agent, viz., Mr.Mathan Murugan is shown initially and

not the name of the company. Therefore, the complaint filed by the said

Mr.Mathan Murugan in his own capacity, is not maintainable and is liable to

be quashed.

4.Heard the learned counsel on either side and perused the entire

materials available on record.

5.At the outset, I am unable to persuade myself to accept the

submissions of the learned counsel for the petitioner. Mentioning the name

of the Power Agent initially, that too, in the long cause title of the complaint,

https://www.mhc.tn.gov.in/judis Crl.O.P.No.23361 of 2017

cannot be a valid ground to quash the entire complaint. Moreover, on a

perusal of the complaint, it is seen that the issues are factual and triable

issues, which have to be decided only by way of a full fledged trial and not

otherwise under Section 482 of Code of Criminal Procedure.

6.In such view of the matter, this Court is of the view that, quashing of

the case cannot be considered at this point of time. Accordingly, this

Criminal Original Petition is dismissed. Consequently, connected Criminal

Miscellaneous Petitions are closed.

7.It is for the petitioner to take all his defence before the trial Court.

The petitioner/accused is directed to appear before the trial Court within two

weeks from the date of receipt of a copy of this order and file an application

under Section 436 of Code of Criminal Procedure. On such filing of the

application, the trial Court is directed to release the petitioner on bail on the

same day on he executing a bond for a sum of Rs.10,000/- (Rupees Ten

thousand only) each with two sureties. If thereafter, he absconds, a fresh

FIR can be registered under Section 229-A of the Indian Penal Code.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.23361 of 2017

8.At this juncture, the learned counsel appearing for the petitioner

seeks indulgence of this Court to grant an order dispensing with the personal

appearance of the petitioner. Accordingly, the personal appearance of the

petitioner before the trial Court is dispensed with, except for receipt of

copies, answering the charges, questioning under Section 313 Cr.P.C.,

passing of judgment, or on any other date as may be required by the trial

Court.

14.12.2021

Internet : Yes Index : Yes / No mkn

To

The Judicial Magistrate, Fast Track Court – I (at Magistrate Level), Coimbatore.

N. SATHISH KUMAR, J.

mkn

https://www.mhc.tn.gov.in/judis Crl.O.P.No.23361 of 2017

Crl.O.P.No.23361 of 2017

14.12.2021

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