Seertree Global Services Pvt. Ltd. v. Mempage Technologies Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 22.04.2026 PRONOUNCED ON : 01.06.2026

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.7571 of 2026 M/s.Seertree Global Services Pvt. Ltd., Rep. by its Director Mr.Shyam Arunachalam, Having Office at 4th Floor, Megawin Towers, 2nd Avenue, Besant Nagar, Chennai - 600 090.

... Petitioner vs.

1.M/s.Mempage Technologies Pvt. Ltd., 2nd Floor, SV Chambers, Plot - 193, Near Dmart, Kavuri Hills, Madhapur, Hyderabad.

Telangana - 500 033.

2.Mr.Srinivas manubothula, CEO, M/s.Mempage Technologies Pvt. Ltd., 2nd Floor, SV Chambers, Plot - 193, Near Dmart, Kavuri Hills, Madhapur, Hyderabad.

Telangana - 500 033.

... Respondents Prayer: Criminal Original Petitions filed under Section 528 of BNSS to Page No.1 of 10

direct the V Fast Track Court at Saidapet, Chennai to number the petition in Sr.No.46575/2024 (TNCH0C0466822024) pending before the learned V Fast Track Court at Saidapet, Chennai as expeditiously as possible. For Petitioner :

Ms.Rohini Ravikumar Crl.O.P.No.8392 of 2026 Anne Christo Preethi ... Petitioner vs.

M.Gnansuriyan ... Respondent Prayer: Criminal Original Petitions filed under Section 528 of BNSS to issue direction to number the case bearing S.T.C.Sr.No.28008 of 2025 (TNCH0C0280372025) filed on 01.11.2025 pending on the file of Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai. For Petitioner :

Mr.Ravindran Venkatachalapathy Crl.O.P.No.8478 of 2026 Anne Christo Preethi ... Petitioner vs.

M.Gnansuriyan ... Respondent Page No.2 of 10

Prayer: Criminal Original Petitions filed under Section 528 of BNSS to issue direction to number the case bearing S.T.C.Sr.No.28007 of 2025 (TNCH0C0280362025) filed on 01.11.2025 pending on the file of Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai. For Petitioner :

Mr.Ravindran Venkatachalapathy COMMON ORDER The petitioners as complainant filed private complaint under Section 138 of Negotiable Instruments Act (NI Act) against the respondent before the learned Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai. Thereafter, the complaint is yet to be taken on file and there is no updation in the e-Court services. Hence, prayed for direction to number the petition. 2.The contention of the petitioner in Crl.O.P.No.7571 of 2026 is that the petitioner Company is providing IT software solutions and project management to leading enterprises through India on contractual basis. The first respondent approached the petitioner and engaged the petitioner as Consultant by a Consulting Agreement dated 11.08.2022. The first respondent started defaulting in payments and the second respondent Page No.3 of 10

approached the petitioner and requested for more time to repay the dues. Later, during the month of September the first respondent issued two cheques dated 13.09.2024 and 28.09.2024 to the petitioner. When the cheques were presented for encashment, it was dishonoured and thereafter, following the statutory provision, complaint filed. But for the reasons best known, complaint though had been filed on 10.12.2024, nothing happened thereafter and it was kept pending. The very purpose of Negotiable Instruments Act and the purpose of establishing the Fast Track Court to dispose of NI Act cases is defeated.

3.The contention of the petitioner in Crl.O.P.No.8392 of 2026 is that the petitioner invested Rs.5,50,000/- into the respondent's shop by executing a Franchisee-cum-investor Agreement dated 22.11.2024. Thereafter, the respondent/accused in discharge of his liability issued a cheque bearing No.000052 for the equivalent amount. When the cheque was presented for encashment, it was dishonoured and thereafter, following the statutory provision, complaint filed. But for the reasons best known, complaint though had been filed on 01.11.2025 nothing happened thereafter and it was kept pending. The very purpose of Negotiable Instruments Act and the Page No.4 of 10

purpose of establishing the Fast Track Court to dispose of NI Act cases is defeated.

4.The contention of the petitioner in Crl.O.P.No.8478 of 2026 is that the petitioner invested Rs.3,00,000/- into the respondent's shop by executing a Franchisee-cum-investor Agreement dated 07.04.2025 Thereafter, the respondent/accused in discharge of his liability issued a cheque bearing No.000052 for the equivalent amount. When the cheque was presented for encashment, it was dishonoured and thereafter, following the statutory provision, complaint filed. But for the reasons best known, complaint though had been filed on 01.11.2025 nothing happened thereafter and it was kept pending. The very purpose of Negotiable Instruments Act and the purpose of establishing the Fast Track Court to dispose of NI Act cases is defeated.

5.On earlier occasion similar petition filed and this Court directed the Trial Court to number case and give reasons for the delay. The learned Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai in the report gave a reason that due to shortage of staff and due to misplacement of Page No.5 of 10

bundles, delay occurred. But this Court receiving several petitions complaining that 136 complaints are not taken on file for no reason for months and years. Not satisfied with the reply, this Court directed the learned Chief Metropolitan Magistrate to visit Fast Track Court-V and to find out the reason and submit report.

6.The learned Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai is directed to take the complaints of the petitioner without further delay and report compliance. The details of petitions filed by the petitioners are as follows:

(1) S.R.No.46575/2024 (TNCH0C0466822024) (2) STC.SR.No.28008/2025 (TNCH0C0280372025) (3) STC.SR.No.28007/2025 (TNCH0C0280362025) 7.The learned Chief Metropolitan Magistrate after strenuous study of records gave a report. It is shocking to see that in a drop of hat, thousands of cases dismissed recording uncontested. A tablulated statement showing the dismissal of cases as per the report is as follows: Page No.6 of 10

1.

List of Dismissed cases in CC/STC from 14.03.2016 to 24.08.2023 2.

List of Dismissed Cases in CC/STC from 04.05.2016 to 31.12.2024 3.

List of Dismissed Cases in CC/STC from 07.01.2004 to 31.07.2025 4.

List of Dismissed Cases in CC/STC from 21.08.2023 to 17.04.2026 5.

List of Cases - SR Number Assigned which have to be scrutinized by the Court from 2023 to 2026 6.

Cases dismissed in SR Stage during 7.

Cases physically filed which are pending without assigning SR Number from 2018 to 2022 It is equally shocking to see how thousands of cases are either dismissed without following the procedure and thousands kept pending for no valid reason without numbering, that to in a dedicated Fast Track Court. 8.This Court appreciates the efforts taken by the learned Chief Metropolitan Magistrate who conducted a detailed enquiry and given a report. The learned Metropolitan Magistrate, Fast Track Court-V, Saidapet, Page No.7 of 10

Chennai is directed to rectify the shortcomings and flaws and send a report as to what steps taken to identify the reason and remedial steps taken to clear the backlog.

9.List the matter on 15.06.2026.

01.06.2026 Index : Yes/No Speaking Order/Non Speaking Order cse Page No.8 of 10

To 1.The Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai.

2.The Registrar General, High Court, Madras.

3.The Registrar (Judicial), High Court, Madras.

4.The Chief Metropolitan Magistrate, Egmore, Chennai - 600 008.

5.The Principal Judge, Principal Sessions Court, Chennai.

Page No.9 of 10

M.NIRMAL KUMAR, J.

cse Pre-delivery order made in 01.06.2026 Page No.10 of 10