Poly Pipes India Private Limited v. Lamit Tubes And Mouldings Llp

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s Poly Pipes India Private Limited Represented By Its Credit Officer, M.Kotteswaran, Synergy Building, 3rd Floor, Old No.20, New No.64, Rukmani Lakshmipathi Salai, Egmore, Chennai - 600 008.

... Petitioner Vs

1. M/s Lamit Tubes And Mouldings LLP, Partnership Firm B/891/Z-19, Vbc Tower, Rajeev Gandhi Bypass, Manjeri, Malappuram, Kerala-676121.

Also At 15/764-A, Sidco Industrial Estate, Manjeri Post, Malappuram, Kerala-676 121.

2. Karanath Musthaqueem

3. Vadakkan Ajmal

4. Muhammad Rafhath

5. Noufal Methaodika

6. Puthukadai Venugopalan

7. Abdul Shukkoor Aranhikkal

8. Hashifa Thacha Paramban

9. Halarudheen

10. Vadakkan Faud

11. Vadakkan Ajmad

12. Shafanath

13. Safeer Ali

14. Zubair Mammu ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to issue suitable directions to the Trial Court i.e., Hon'ble Fast Track - I (Magistrate Level), Egmore, to forthwith number the case filed by the Petitioner in S.T.C. (SR) No.56829 of 2024 and to proceed further in accordance with law. For Petitioner : Mr.Arun Anbumani for M/s Arulselvam Associates

ORDER

This Criminal Original Petition has been filed for direction directing the Trial Court i.e., Fast Track - I (Magistrate Level), Egmore, to forthwith number the case filed by the Petitioner in S.T.C. (SR) No.56829 of 2024 and to proceed further in accordance with law.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

3. The petitioner is the complainant and the respondents are accused for the offence punishable under Section 138 read with Section 141 of Negotiable Instruments Act, 1881. The petitioner lodged a complaint and the same was returned for want of corrections. Though the petitioner re-presented

the same after complying with the corrections, the Trial Court failed to take the complaint on file so far.

4. In view of the above, the Fast Track-I (Magistrate Level), Egmore, is directed to take the complaint on file, if it is otherwise in order and record the sworn statement, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above directions, this Criminal Original Petition stands disposed of.

18.03.2025 (4/4) Internet:Yes Index:Yes/No Speaking/Non speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The Fast Track-I (Magistrate Level), Egmore.

2. The Public Prosecutor, High Court, Madras.

18.03.2025