M/S.Unmatched Solution Pvt Ltd v. M/S.Redington (India) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN CRL.O.P.NO.27888 OF 2015 AND CRL.M.P.NO.1 OF 2015

1. M/s.Unmatched Solution Private Limited, Rep. by its Director, Jasmine Chandravadan Amin No.203, Shantam Complex, Opp. Navneet Publication, Gurukul, Memnagar, Ahmedabad - 380052.

2. Jasmine Chandravadan Amin

3. Chandravadan Hiralal Amin

4. Dipti Jasmine Amin .. Petitioners/Accused Vs.

M/s.Redington (India) Ltd., Rep. by Mr.M.Sundararajan Senior Legal Executive, SPL Guindy House, 95, Mount Road, Guindy - 600 032.

.. Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in C.C.No.1111 of 2013 on the file of the learned Fast Track Metropolitan Magistrate No.III, Saidapet and quash the same by allowing this Criminal Original Petition.

For Petitioners .. Mr.R.Prabakar For Respondent .. Mr.V.T.Narendiran

ORDER

The present Criminal Original Petition has been filed seeking to quash C.C.No.1111 of 2013 now pending on the file of the Fast Track Metropolitan Magistrate No.III, Saidapet. The said calender case had been taken cognizance under Sections 138 and 142 of the Negotiable and Instruments Act, 1881. 2.It is complained that the petitioners had issued cheques to the respondent / complainant and when presented for payment the cheques had been returned by the bankers. Thereafter, the respondent had taken necessary steps in accordance with requisite provisions of the Negotiable Instruments Act, 1881 and issued a legal notice and since there was no payment in spite of legal notice, complaint came to be lodged before the jurisdictional Magistrate which as aforesaid was taken on file as C.C.No.1111 of 2013 by the Fast Track Metropolitan Magistrate No.III, Saidapet, Chennai. 3.One disturbing fact is that a memo has been filed by the learned counsel for the petitioners withdrawing appearance and the same had been filed under Order 2 Rule 4(4) of the Appellate Side Rules.

4.The normal procedure would have been to issue notice to the petitioners, but Mr.V.T.Narendiran, learned counsel for the respondent / defacto complainant states that as against the petitioners NBW is pending before the said Magistrate Court. It would therefore be a futile exercise to issue notice to the petitioners who had taken a conscious and deliberate decision to abstain from appearing before the jurisdictional Magistrate Court.

5.On receipt of summons, it is the duty of every accused to answer such summons and to appear before the Court. If they were not to appear, and invite issuance of NBW, then they cannot seek indulgence of any other Court with respect to any petition filed by them. It is absolutely necessary to appear before the trial court and seek to cancel or to withdraw the NBW already issued. They cannot on the one hand, refuse or take a decision not to appear before the trial court and at the same time take a further decision to file a petition of this nature before this Court. This Court will not entertain such a petition.

6.A specific direction is given to the learned Fast Track Metropolitan Magistrate No.III, Saidapet to pursue further the NBW already issued against the present petitioners / accused in C.C.No.1111 of 2013 pending on the file the said Court. 7.With the above observations, the present Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar smv To

1. The Fast Track Metropolitan Magistrate - III, Saidepet, Chennai.

2. The Chief Metropolitan Magistrate, Egmore, Chennai.

+1cc to M/s.V.T.Narendiran, Advocate, S.R.No.48033 Crl.O.P.No.27888 of 2015 SJ(CO) RLP(13/10/2021)