World Scrap Recycling Solutions Pvt Ltd v. S. Pavithra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.7669 & 7671 of 2025 1.M/s.World Scrap Recycling Solutions Pvt Ltd Rep by T.K. Baskaran, S/o E. Kumar, No.10,11,12 and 50, Renigunta Industrial estate, Tirupati Urban Mandal, Chittor District 517506. 2.T.K. Baskaran Authroized Signatory, M/s World Scrap Recycling Solutions PVt Ltd, Renigunta Industrial Estate, Tirupati Urban Mandal, Chittor District 517506.

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Petitioners Vs S. Pavithra W/o S. Senthilkumar, Sole Proprietor of M/S Yazhi Mobile Spares, No.13, balaji Nagar, Melmanabedu, Poonamallee, Vellavedu, Chennai 600051 .....

Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to S.T.C.No 1055 of 2024 in the Court of Judicial Magistrate at Sriperumbudur and quash the same.

For Petitioner : Mr.V.Balamurugan

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in STC No.1055 of 2024 on the file of the Judicial Magistrate, Sriperumbudur.

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

3. The petitioners are arrayed as A1 and A2 in the complaint lodged by the respondent for the offence under Section 138 of the Negotiable Instruments Act. It is alleged that the petitioners had business transactions with the respondent. During the course of business transactions, an agreement was entered into between the parties and accordingly, a sum of Rs.14 Crores was agreed to be paid to the petitioners by the respondent. However, after receipt of the said amount, the petitioners failed to supply the agreed materials and also refused to return the advance amount.

4. The learned counsel appearing for the petitioners submitted that the business transactions between the parties had already been subject to prior litigation. The petitioners had filed a complaint before the II Additional Judicial Magistrate of I Class, Tirupati, Andhra Pradesh in STC No.1749 of 2023 and the same was subsequently settled before the Lok Adalath at Tirupati. Therefore, the cheque in question was issued only as a security, and that the present proceedings have been initiated despite the earlier settlement.

5. A perusal of the records reveals that the earlier complaint lodged by the petitioner is not connected to the subject matter of the present complaint filed by the respondent. That apart, the grounds raised by the petitioner involve questions that can be adjudicated during the course of trial and do not warrant interference by this Court under Section 482 of Cr.P.C.

6. In view of the above, this Court finds no grounds to quash the entire proceedings in STC.No.1055 of 2024 on the file of the Judicial Magistrate at Sriperumbudur. Accordingly, this Criminal Original Petition stands dismissed. However, the Trial Court is directed

to complete the trial within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

21.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To The Judicial Magistrate, Sriperumbudur

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.11581 of 2025 21.04.2025