Atv Projects India Ltd v. Integrted Finance Companyltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.Nos.5627, 5628 & 5636 of 2023 ATV Projects India Limited, No.D-8, MIDC, Street No.16, Marol, Mumbai - 83 by its Chairman & Managing Director, Mr.Mahesh Chaturvedi ... Petitioner in all Crl.R.Cs.

Vs.

Integrated Finance Company Ltd., R-10, Second Floor, Prem Nagar Colony, South Boag Road, T.Nagar, Chennai - 600 017.

... Respondent in all Crl.R.Cs.

PRAYER in Crl.R.C.No.720 of 2023: Criminal Revision Petition filed under Sections 397 r/w. 401 of Criminal Procedure Code, to call for the records in connection with the impugned order dated 27.01.2023 passed in Crl.M.P.No.1580 of 2022 in C.C.No.447 of 2017 on the file of the learned Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai, set aside the same and consequently, allow Crl.M.P.No.1580 of 2022 in C.C.No.447 of 2017.

PRAYER in Crl.R.C.No.721 of 2023: Criminal Revision Petition filed under Sections 397 r/w. 401 of Criminal Procedure Code, to call for the records in connection with the impugned order dated 27.01.2023 passed in Page No.1 of 8

Crl.M.P.No.3072 of 2022 in S.T.C.No.1939 of 2022 on the file of the learned Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai, set aside the same and consequently, allow Crl.M.P.No.3072 of 2022 in S.T.C.No.1939 of 2022.

PRAYER in Crl.R.C.No.722 of 2023: Criminal Revision Petition filed under Sections 397 r/w. 401 of Criminal Procedure Code, to call for the records in connection with the impugned order dated 23.01.2023 passed in Crl.M.P.No.11507 of 2022 in C.C.No.732 of 2000 on the file of the learned Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai, set aside the same and consequently, allow Crl.M.P.No.11507 of 2022 in C.C.No.732 of 2000.

For Petitioner : Mr.R.Palaniandavan in all Crl.R.Cs.

For Respondent : Mr.K.P.Anantha Krishna in all Crl.R.Cs.

for Mr.J.Jawahar COMMON ORDER This Court, on 23.02.2023, had passed the following order: "When the matter was taken up for hearing, the petitioner and the respondent as well as their respective counsel present. 2.The learned counsel for the petitioner in all criminal revision cases submitted that the cases are at the trial stage and negotiation between the petitioner and the respondent held. It is decided that twice the cheque amount would be paid by the petitioner and the issue can be given quites. As first installment, the petitioner handed over the demand drafts for a sum of Rs.46,20,016/- being the cheque amount in respect of the Page No.2 of 8

complaints in C.C.No.447 of 2017 & S.T.C.No.1939 of 2022 on the file of the Metropolitan Magistrate, Fast Track Court at Magisterial Level-IV, George Town, Chennai and C.C.No.732 of 2000 on the file of the Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai. A memo filed to that effect. 3.For balance second payment, the learned counsel for the petitioner seeks small accommodation. Anyhow, by 2nd week of March, 2024, the petitioner shall make the balance amount and both the petitioner and the respondent agreed to give quietus to three cases in C.C.No.447 of 2017, S.T.C.No.1939 of 2022 and C.C.No.732 of 2000 and shall file confirming affidavit. 4.At request of the learned counsel for the petitioner, post the matter on 20.03.2024."

2.In continuation and conjunction to the earlier order passed on 23.02.2024, today, an affidavit of one Hema Jothi, who is an authorised signatory of Integrated Finance Company Limited, produced before this Court. A scanned reproduction of the same reads as follows: Page No.3 of 8

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3.The learned counsel for the respondent acknowledged the receipt of Demand Drafts and submits that in all fairness he would have file a petition under Section 147 of the Negotiable Instruments Act (hereinafter 'N.I. Act') to compound the offence. Since the Company Petition in C.P.No.172 of 2012 is pending, the respondent /complainant is being represented by an authorised person and liquidation proceedings are pending, they are unable to file such petition but acknowledge the receipt of twice the cheque amount in all three revisions.

4.The learned counsel for petitioner filed a memo giving details and also submits that C.C.No.447 of 2017 and S.T.C.No.1939 of 2022, which are pending before the learned Metropolitan Magistrate, Fast Track Court at Magisterial Level-IV, George Town, Chennai, were compounded by the respondent by filing a petition under Section 147 of N.I. Act. 5.It is seen that the amount, which has been received by the respondent, now deposited and credited to the account of Integrated Finance Company Limited. Though the respondent confirms the receipt of amount Page No.6 of 8

and willing to compound the offence, due to the pendency of C.P.No.172 of 2012, the respondent is unable to file a petition under Section 147 of N.I. Act. The learned counsel for petitioner submitted that he paid twice the cheque amount in all three revisions. Finding that the petitioner had already paid twice the cheque amount and the offence is a compoundable offence, this Court records the discharge of liability. Since the petitioner discharged his liability nothing survives for further adjudication in this case. 6.Accordingly, these Criminal Revision Cases are allowed and the impugned orders dated 27.01.2023 in Crl.M.P.No.1580 of 2022 in C.C.No.447 of 2017, Crl.M.P.No.3072 of 2022 in S.T.C.No.1939 of 2022 and Crl.M.P.No.11507 of 2022 in C.C.No.732 of 2000, dated 23.01.2023 are hereby set aside and the petitioner is discharged from the above cases. Consequently, connected Criminal Miscellaneous petitions are closed. 20.03.2024 Index : Yes/No Speaking Order/Non Speaking Order rsi Page No.7 of 8

M.NIRMAL KUMAR, J.

rsi To 1.The Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai.

2.The Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai.

and Crl.M.P.Nos.5627, 5628 & 5636 of 2023 20.03.2024 Page No.8 of 8