Madras High Court
Anu Bhandari vs M/S.Poly Pipes India Private ... on 24 June, 2021
CRL.O.P.No.727 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CRL.O.P.No.727 of 2018
and Crl.M.P.Nos.240 & 241 of 2018
1.Anu Bhandari
2.Minu Bhandari ...Petitioners
Versus
M/s.Poly Pipes India Private Limited
rep.by its Sales Manager,
Mr.S.Ganapathy Krishnan ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records relating to the C.C.No.8510 of
2017 on the file of the learned Metropolitan Magistrate (FTC-III), Saidapet
and quash the same.
For Petitioners : Mr.M.Guruprasad
For Respondent : Mr.L.Rajasekar
1
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CRL.O.P.No.727 of 2018
ORDER
This Criminal Original Petition has been filed to call for the
records in C.C.No.8510 of 2017, pending on the file of the Learned
Metropolitan Magistrate (FTC-III), Saidapet and quash the same.
2. The case of the petitioners is that M/s.Saffron Proplus
Private Limited was running by Anil Bhandari, who is the Managing
Director, and the petitioners are the 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 had issued 3 post dated cheques in favour of the complainant for a
sum of Rs.14,48,236/-/-. The said cheques were presented and the same was
returned with an endorsement ''insufficient funds''. Thereafter, the
respondent/defacto complainant had lodged a complainant under Section
138 of the Negotiable Instruments Act, before the Competent Court against
the petitioners, to compensate the complainant for the loss due to the
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CRL.O.P.No.727 of 2018
dishonour, costs,, damages etc., Therefore, the petitioners have filed the
present petition under Section 482 of Cr.P.C to quash the complaint.
3. The learned counsel for the petitioners submits that the
petitioners are Directors of the said Company and they did not participate in
the transactions of the company. He further submitted that the Company
was run by his father and no documents were produced with regard to
participation of the petitioners. He further submitted 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
and further submitted that the appearance of the petitioners before the Trial
Court may be dispensed with and further submitted that the petitioners are
ready and willing to appear as and when required.
4.The learned counsel appearing for the respondent submitted
that the petitioners are the Directors of the said Company and they have also
involved in the cheque transaction. Hence, he prays for dismissal of the
petition.
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CRL.O.P.No.727 of 2018
5. This Court has perused the materials and is of the view that
no documents were produced to show that the petitioners have issued a
cheques in favour of the respondent and 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.8510 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 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.
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CRL.O.P.No.727 of 2018
7.With the above directions, this Criminal Original Petition is
disposed of. Consequently connected miscellaneous petition in
Crl.M.P.No.240/2018 is closed and Crl.M.P.No.241/2018 is ordered.
24.06.2021
Index : Yes/No
Internet: Yes/No
sk
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CRL.O.P.No.727 of 2018
M.DHANDAPANI,J.
Sk
CRL.O.P.No.727 of 2018
24.06.2021
https://www.mhc.tn.gov.in/judis/
