Madras High Court
Shanthi Electricals vs Wipro Enterprises Pvt. Ltd on 3 January, 2024
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.O.P.No.4448 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.4448 of 2022
and
Crl.M.P.Nos.2257 & 2259 of 2022
Shanthi Electricals,
rep. by its proprietor Mr.Prakash ... Petitioner
Versus
Wipro Enterprises Pvt. Ltd.,
rep. by its Senior Account Executive
Mr. S.Raghavan ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for entire records in connection with
the C.C.No. 3579 of 2019 on the file of Fast Track Court No.III,
Metropolitan Magistrate, Saidapet, Chennai and quash the criminal
proceedings pending on the file of Fast Track Court No.III, Metropolitan
Magistrate, Saidapet, Chennai in C.C.No.3579 of 2019.
Page No.1 of 7
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4448 of 2022
For Petitioner : Mr.V.Parthiban
For Respondent : No appearance
ORDER
The petitioner herein is the accused in C.C.No.3579 of 2021 and
he preferred this Criminal Original Petition seeking to quash the
proceedings in C.C. No.3579 of 2019 on the file of learned Fast Track
Court No.III, Metropolitan Magistrate, Saidapet, Chennai, which was
filed by the respondent/defacto complainant by invoking Sec.190(1)(a) of
Cr.P.C. for an offence under Sec.138 of N.I.Act, 1881 and under Sec.420
of I.P.C.
2. The petitioner herein is an accused in private complaint lodged
in C.C.No. 3579 of 2019 based on a complaint lodged by the respondent
stating that the petitioner purchased materials from the company through
two invoices and issued following cheques :-
(i) Cheque No. 820700 dated 04.01.2017 for Rs.6640.13 paise
https://www.mhc.tn.gov.in/judis
(ii) Cheque No. 820699 dated 01.01.2017 for Rs.6,95,000.00
When the cheques were presented for payment, the same were
dishonoured as “payment stopped by drawer” on 05.01.2017 and
thereafter, a demand notice was sent by the respondent on 25.01.2017,
for which reply was sent by the petitioner on 13.02.2017. Thereafter, the
respondent preferred a complaint under Sec.138 of Negotiable
Instruments Act against this petitioner.
3. The learned counsel for petitioner would submit that there is no
proof for the goods supplied to the petitioner concern and the same was
intimated to the respondent through email on 22.11.2016. Thereafter,
since no goods was supplied, stop payment was given under the
petitioner's instructions. As the goods was not supplied, there is no legal
liability between the petitioner and the respondent. But, the learned
Magistrate taken the complaint on file without any basic materials.
Hence, he prayed to quash the proceedings in C.C.No. 3579 of 2019. In
support of his contentions, the learned counsel relied on the ratio laid
down in the authority reported in 1998 (3) Crimes 337 in the case of
E.Adarsh Rao vs. M/s.Tamil Nadu Electricals rep. By its Manager,
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wherein this court held as follows :-
“Negotiable Instruments Act 1881 – Sec.138 and 142
– cheque drawn in favour of respondent, sole proprietorship
concern dishonoured for insufficient funds – complaint filed
by the Manager of concern – No authorisation letter or
power of attorney on behalf of complainant was produced
before Magistrate at the time of taking cognizance –
complaint was not maintainable.
Negotiable Instruments Act, 1881 – Sec. 138/142 –
Cheque issued in name of proprietorship concern –
Proprietor or owner of said concern is the affected party and
he can only file complaint - Proprietory concern in its name
cannot maintain complaint.”
Furthermore, he has also relied the ratio laid down in the authority
reported in 1998 (3) Crimes 343 in the case of Tara Chand vs.
M/s.Dabkauli Trading Company, wherein the High Court of Punjab
and Haryana held as follows :-
“Negotiable Instruments Act, 1881, - Sections 138 and
141 – cheque issued by a partner on behalf of the firm
bounced – all three partners summoned on complaint for
offence – no ioto of allegations in complaint that other two
partners were incharge and responsible for conduct of
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business firm – evidence to that effect during preliminary
evidence cannot make a fresh premise to summon and
prosecute those two partners – summoning order against two
partners was liable to be set aside.”
4. Inspite of notice, no representation on the side of
respondent/defacto complainant. However, on seeing the facts, it reveals
that as per the complaint averments, the goods were supplied to another
concern Sakthi Electricals and there is an averment in para 8 that goods
were received by Sakthi Electricals on behalf of Shanthi Electricals, the
petitioner herein. Furthermore, even in para 8 of complaint averment also
reveals that nearly about four times, the goods were received by Sakthi
Electrical for the tune of Rs.14,00,000/-, but admittedly, both the
concerns viz., Sakthi Electricals and Shanthi Electricals are in the very
same address at No.660, Anna Salai, Thousand Lights, Chennai. When it
was enquired, the learned counsel for petitioner was informed that they
are not concerned with Sakthi Electricals. However, the averment reveals
that both were running in the same address, which needs detailed
investigation. Moreover, in support of his contentions, the learned
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counsel relied on the ratio laid down in the authorities by the High court
of Punjab and Haryana reported in 1998 (3) Crimes 343 in the case of
Tara Chand vs. M/s. Dabkauli Trading Company, and also the ratio
laid down by this court reported in 1998 (3) Crimes 337 in the case of
E.Adarsh Rao vs. M/s.Tamil Nadu Electricals rep. By its Manager,
but those judgments are not applicable to the facts and circumstances in
the instant case, which needs evidence. Hence, this petition is liable to be
dismissed. Accordingly, this Criminal Original Petition is dismissed.
Liberty is granted to the petitioner to raise all the defence before the trial
court. Consequently, the connected Criminal Miscellaneous Petitions are
closed.
03.01.2024
Index: Yes/No
Internet: Yes/No
rpp
https://www.mhc.tn.gov.in/judis
T.V.THAMILSELVI, J.
rpp
03.01.2024
https://www.mhc.tn.gov.in/judis
