Madras High Court
M/S.Sisha International Sea Foods vs M/S.Bmw Global Ventures Pvt. Ltd on 25 October, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.Nos.28974 of 2025 etc.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2025
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.Nos. 28974, 28976 & 28979 of 2025
and
Crl.M.P.Nos. 19637, 19639, 19643, 19644, 19640 & 19641 of 2025
1.M/s.SISHA International Sea Foods,
A Private limited Company,
Represented by its Director,
G.Mahalakshmi Gnanasekar,
Door No.54, GVT Complex,
Varadharajapuram, Nazarathpettai,
Tiruvallur – 600 123.
2.G.Mahalakshmi Gnanasekar ... Petitioners in all petitions
Vs.
M/s.BMW Global Ventures Pvt. Ltd.,
A Private Limited Company,
Represented by its Director, P.B.Mohideen Abdul Khader,
Having Office at No.G-16B, Phase-I,
Spencer Plaza, Anna Salai,
Chennai – 600002. ... Respondent in all petitions
Common Prayer: Criminal Original Petitions filed under Section 528 of
BNSS, 2025, to call for the records of the case in S.T.C.Nos.3513, 3514 &
3512 of 2025 on the file of the learned XXV – Metropolitan Magistrate,
Egmore, Chennai and quash the same as illegal.
1/6
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Crl.O.P.Nos.28974 of 2025 etc.,
For Petitioner
in all petitions : Mr.Sharath Chandran
****
COMMON ORDER
These Criminal Original Petitions have been filed to quash the
proceedings in S.T.C.Nos.3513, 3514 & 3512 of 2025 respectively on the file
of the learned XXV – Metropolitan Magistrate, Egmore, Chennai filed for the
offence punishable under Section 138 r/w. 142 of the Negotiable Instruments
Act, 1881.
2. The learned counsel for the petitioners would submit that though
the petitioners have got a good case on merits, they may be permitted to raise
those grounds before the Trial Court. However, he would submit that the
second petitioner is aged 22 years and she is preparing for UPSC examinations
and hence, her personal appearance before the trial Court may be dispensed
with, unless her presence is required for the purpose of progress of trial. He
would further submit that the second petitioner is also ready to file an affidavit
of undertaking that she will be duly represented by a counsel before the Trial
Court on all hearing dates and she will be present before the Trial Court for
receipt of copies, answering the charges, questioning under Section 313
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Crl.O.P.Nos.28974 of 2025 etc.,
Cr.P.C., passing of judgment and for any other purpose, as may be required by
the Trial Court for the purpose of progress of trial.
3. This Court is of the view that all the grounds can be raised before
the Trial Court and there is no merit in the quash petition.
4. However, accepting the submission made by the learned counsel
for the petitioners, the presence of the second petitioner before the Trial Court
is dispensed with. She is directed to give an undertaking in the form of affidavit
as submitted by the learned counsel for the petitioners at paragraph 2, supra. If
the second petitioner adopts any dilatory tactics, it is open to the Trial Court to
insist for her appearance and deal with her in accordance with the judgment of
the Supreme Court of India in State of Uttar Pradesh Vs. Shambunath Singh,
reported in 2001 (4) SCC 667.
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Crl.O.P.Nos.28974 of 2025 etc.,
5. Accordingly, these Criminal Original Petitions stand disposed of
on the above terms. Consequently, connected Miscellaneous Petitions are
closed.
25.10.2025
kkn/cad
Index :Yes/No
Internet:Yes/No
Note: Issue order copy on 29.10.2025
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Crl.O.P.Nos.28974 of 2025 etc.,
To
1.The XXV – Metropolitan Magistrate,
Egmore, Chennai
2.The Public Prosecutor,
High Court, Madras.
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Crl.O.P.Nos.28974 of 2025 etc.,
A.D.JAGADISH CHANDIRA,J.
KKN/cad
Crl.O.P.Nos. 28974, 28976 & 28979 of 2025
25.10.2025
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