Madras High Court
Unknown vs M/S.Paceman Finance India Pvt. ... on 5 August, 2022
Crl.O.P.No.3012 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
CRL.O.P.No.3012 of 2022
1.M/s.SPR Construction Private Limited,
having its registered office at
No.57, Narayana Mudali Street,
Sowcarpet, Chennai-600 079.
2.Hitesh Kumar P.Kaward
Director of M/s.SPR Construction Private Limited
3.Anish Champaklal Shah
Director of M/s.SPR Construction Private Limited
4.Prithiviraj Kawad
Director of M/s.SPR Construction Private Limited
5.Kirti Kawad
Director of M/s.SPR Construction Private Limited
6.Sangeetadevi Suresh Kumar Kawad
Director of M/s.SPR Construction Private Limited
7.Saradevi Prithvirajji Kawad
Director of M/s.SPR Construction Private Limited
8.Chetan Bohra
Director of M/s.SPR Construction Private Limited
Page No.1 of 6
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Crl.O.P.No.3012 of 2022
9.Navin Gehari Lal Ranka
Director of M/s.SPR Construction Private Limited
... Petitioners
Vs.
M/s.Paceman Finance India Pvt. Ltd.,
Rep by its Director Mr.Rahul Kumar
No.963, Poonamallee High Road
Crescent Court, Suit No.21
Purasawalkam, Chennai 600 084 ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.,
to call for records and quash the complaint in C.C.No.1061 of 2021 on
the file of the IV FTC Metropolitan Magistrate, George Town, Chennai.
For Petitioners : Mr.A.Palaniappan
For Respondent : Mr.E.Senthil Kumar
ORDER
The Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for records pertaining to the complaint in C.C.No.1061 of
2021, for the offence under Section 138 r/w 141 of Negotiable
Instruments Act, on the file of the IV FTC Metropolitan Magistrate,
George Town, Chennai and quash the same.
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Crl.O.P.No.3012 of 2022
2.Learned counsel for the petitioners contend that the 2nd petitioner
resigned from the company in the year 2014 itself, whereas the cheque
said to have been issued in the year 2018 and hence the complaint against
the 2nd petitioner is not maintainable. It is the further contention that
even in the complaint, only bald allegations are made against the other
petitioners. Even though no specific allegations are made against the
other petitioners in the complaint except the general allegations, during
the submissions, it is admitted by the learned counsel for the petitioners
that only the 8th and 9th petitioners are the present Directors of the 1st
petitioner's company.
3.Learned counsel for the respondent expressed his no objections
to quash the complaint pending in C.C.No.1061 of 2021 as far as the
other petitioners viz. petitioners 3 to 7 are concerned.
4.Heard the learned counsel on either side. Perused the materials
placed on record.
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Crl.O.P.No.3012 of 2022
5.Though it is urged that the 2nd petitioner has resigned from the
company much prior to the issuance of the cheque, the fact remains that
the cheque was signed by the 2nd petitioner. Such view of the matter, this
Court is not inclined to quash the complaint as against the 1 st, 2nd, 8th and
9th petitioners.
6.In view of the above, this Criminal Original Petition stands
dismissed in respect of petitioners 1, 2, 8 and 9 alone.
7.The complaint in C.C.No.1061 of 2021, for the offence under
Section 138 r/w 141 of Negotiable Instruments Act, on the file of the IV
FTC Metropolitan Magistrate, George Town, Chennai stands quashed in
respect of petitioners 3 to 7 alone. The learned counsel for the petitioner
also sought indulgence of this Court to dispense with the personal
appearance of the petitioners 1, 2, 8 and 9 before the trial Court.
8.In view of the above submissions of the learned Counsel for the
petitioners, the presence of the petitioners 1, 2, 8 and 9 before the Trial
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Crl.O.P.No.3012 of 2022
Court shall be dispensed with provided that they shall be present for
receiving the charge sheet, for answering the charge, at the time of
questioning under Section 313 Cr.P.C and at the time of passing
judgment.
9.This Criminal Original Petition stands partly allowed
accordingly. It is left open to the parties to take their defence before the
trial Court.
05.08.2022
kas
N.SATHISH KUMAR, J.
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Crl.O.P.No.3012 of 2022
kas
CRL.O.P.No.3012 of 2022
05.08.2022
https://www.mhc.tn.gov.in/judis
