Jairaj Pednekar vs M/S.Pat Credit Limited
2021 Latest Caselaw 20624 Mad

                                                                     Crl.O.P.Nos.15614, 15615, 15616,
                                                                      15617, 15619 and 15620 of 2019

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 07.10.2021

                                                       CORAM

                                THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                          Crl.O.P.Nos.15614, 15615, 15616,
                                           15617, 15619 and 15620 of 2019
                                                         and
                                   Crl.M.P.Nos.7756, 7757, 7760, 7761, 7764 & 7766

                      Crl.O.P.No.15614 of 2018:

                      Jairaj Pednekar                                            .. Petitioner/A3

                                                         Vs.

                      M/s.Pat Credit Limited
                      having office at
                      170, 89, J.L.Balaji Street, M.G.Road,
                      and its Branch at
                      Prime Enclave Vistas
                      C-31, Coral Block, 8th Floor, Avinashi Road,
                      Gandhi Nagar Post, Tirupur 641 603,
                      Tamil nadu.
                      Rep.by its Authorised Representative
                      Mr.S.Udayananda                                               .. Respondent

                      Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire
                      records to quash the private complaint in C.C.No.532 of 2017 pending trial
                      on the file of the Judicial Magistrate Court No.I, Tirupur as against the
                      petitioner herein.

                      1/7

http://www.judis.nic.in
                                                                     Crl.O.P.Nos.15614, 15615, 15616,
                                                                      15617, 15619 and 15620 of 2019



                                         For petitioner     : Dr.C.Ravichandran
                                                              for Mr.Viswanathan

                                         For Respondent : Mr.T.Saikrishnan


                                               C OM M ON O R D E R
                            The petitioners / A3 and A7 have filed these petitions seeking to call

                      for the entire records in C.C.Nos.562, 563 and 564 of 2017, on the file of

                      the Judicial Magistrate Court No.I, Tirupur and quash the same.



                            2. Facts

leading to the present round of litigation is that 1 st accused is

a Company, 2nd accused is the Chairman cum Managing Director, 3rd

accused is the Head (Finance) and Authorised Signatory and 4th to 9th

accusedd are Executives / Officers and Authorised Signatories of the 1st

accused. The accused had approached the complainant for grant of loan of

Rs.1,08,50,000/-. The above loan was granted by the complainant on three

different occasions to the accused Company. Thereafter, the accused

expressed their inability to repay the dues in time and sought for further

period of 92 days, for settlement of dues and accordingly, the time as sought

for by the accused was extended by the complainant. In order to enable

http://www.judis.nic.in Crl.O.P.Nos.15614, 15615, 15616, 15617, 15619 and 15620 of 2019

repayment of the deposits, all the above accused have agreed and issued

post dated cheques of the first accused company, duly signed by A3 and A7.

Unfortunately, on the end of the expiry of the renewal period of the two

cheques, a request was placed from all the accused not to deposit the

cheques for collection on the due dates and further two more months time

was sought for by them to arrange sufficient funds in the Bank account to

honor all the cheques. After waiting for more than two months, the

complainant presented the two cheques for collection, however to the shock

and surprise, the cheques were returned dishonored by bankers of the

accused for the reason ''account blocked situation covered in 2125'' and it

came to the knowledge of the complainant that the payments and

withdrawals from their account were stopped by court order and owning to

insolvency of first accused Company. Hence, a legal notice dated

15.03.2017 was caused on the accused on 15.03.2017, however, no proper

reply was made. Thereafter, the complainant lodged a private complaint

before the Hon'ble Judicial Magistrate Court No.I at Tirupur. Challenging

the same, the accused persons are before this Court seeking quashment of

the same.

http://www.judis.nic.in Crl.O.P.Nos.15614, 15615, 15616, 15617, 15619 and 15620 of 2019

3. Though several grounds have been raised by the learned counsel

for the petitioners, however, this Court is of the opinion the issue is a triable

issue and the grounds raised by the counsel for the petitioners are all factual

in nature and it requires appreciation of evidence and this Court cannot

decide the same in exercise of its jurisdiction under Section 482 of Criminal

Procedure Code. It is left open to the petitioners to raise all the grounds

before the Court and the same shall be considered on its own merits and in

accordance with law. This Court is not inclined to interfere with the

proceedings pending before the Court below.

4.It is represented by the learned counsel appearing for the petitioners

that the petitioners are working in Ahmedabad and it would cause great

hardship to them to all along travel from Ahmedabad to Chennai for every

hearing and therefore, this Court may issue 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 petitioner before the Trial Court

may be dispensed with. Further it is submitted that when the petitioners are

http://www.judis.nic.in Crl.O.P.Nos.15614, 15615, 15616, 15617, 15619 and 15620 of 2019

examined as defence witnesses, on the same day, the complainant may

complete the cross examination so as to enable the petitioners to leave

Tamil Nadu and reach their workplace.

5. Accordingly, these petitions are disposed of by directing the

trial court to dispose of C.C.Nos.562, 563 and 564 of 2017, as expeditiously

as possible as per seniority of the case. The petitioners and respondent are

directed to co-operate with the trial court for the early completion of the

trial. Further, taking into consideration the request as made by the learned

counsel for the petitioners, the complainant shall complete the cross

examination of the petitioners on the same day, when they are examined as

defence witnesses and further their appearance before the trial court is

dispensed with except for their appearance for the purpose of receiving the

copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning

under Section 313 Cr.P.C. and on the day on which judgment is to be

pronounced. However, if for any particular reason, the presence of the

petitioner is necessary, the trial court, at its wisdom, shall direct their

http://www.judis.nic.in Crl.O.P.Nos.15614, 15615, 15616, 15617, 15619 and 15620 of 2019

appearance on those days. Consequently, connected miscellaneous

petitions, if any, are closed.

07.10.2021 sk

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1.The Judicial Magistrate Court No.I, Tirupur.

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

http://www.judis.nic.in Crl.O.P.Nos.15614, 15615, 15616, 15617, 15619 and 15620 of 2019

M.DHANDAPANI,J.

sk

Crl.O.P.Nos.15614, 15615, 15616, 15617, 15619 and 15620 of 2019

07.10.2021

http://www.judis.nic.in