D.Prem v. United Travel Services

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.No.10127 of 2024

1. D.Prem

2. Aadith D.Vikram ... Petitioners Vs.

United Travel Services A division of United Visa Services Pvt., Ltd., Represented by its Director, Mr.S.Arul Lazaran ... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the complaint in C.C.No.2303 of 2013 pending on the file of the Fast Track Court - II, Allikulam, Egmore, Chennai filed under Section 138 of the Negotiable Instruments Act against the petitioners herein. For Petitioners : Mr.G.Karthikeyan Senior Counsel for Mr.Akhil R.Bhansali For Respondent : Mrs.Vijayalakshmi Rajaratnam 1/4

O R D E R

The petitioners/accused 1 and 2 have filed the quash petition in C.C.No.233 of 2013 on the file of the Fast Track Court - II, Allikulam, Egmore, Chennai.

2. It is seen from the records that before filing the complaint against the petitioners/accused 1 and 2, the respondent/complainant had issued statutory notice under Section 138 of the Negotiable Instruments Act. However, the petitioners neither replied to the said notice, nor repaid the amount. Therefore, the respondent filed a complaint against the petitioners/accused 1 and 2 for the offence under Section under Section 138 of Negotiable Instruments Act. Since the petitioners have not sent any reply to the statutory notice, the petitioners may not know about the defence. Therefore, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 2/4

However, the petitioners are at liberty to take all their defences before the trial Court in C.C.No.2303 of 2013.

09.12.2024 Index : Yes/No Speaking Order : Yes/No ms To The Metropolitan Magistrate, Fast Track Court - II, Allikulam, Egmore, Chennai.

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P.VELMURUGAN, J ms and Crl.M.P.No.10127 of 2024 09.12.2024 4/4