Sd.Pandiyan v. Raj Television Network Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and Crl.M.P.Nos.9039 & 9640 of 2023 S.D.Pandiyan ... Petitioner /vs/ Raj Television Network Limited, Rep. By its Admin Manager, Mr.Suresh, No.32, Poes Road, 2nd Street, Teynampet, Chennai - 600 018. ... Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records of the proceeding in C.C.No.6513 of 2013 on the file of the Fast Track Court No.III, Metropolitan Magistrate, Saidapet, Chennai and quash the same.
For Petitioner ... M/s.P. Neethi Kumar For Respondent ... Mr. P.K.Srinivasan
ORDER
This Criminal Original Petition has been filed to call for the records of the proceedings in C.C.No.6513 of 2013 on the file of the Fast Track Court No.III, Metropolitan Magistrate, Saidapet, Chennai and quash the same.
2.The learned counsel for the petitioner submitted that, petitioner is a Cinema Producer. There was a distribution agreement with the respondent in connection with production of cinema, wherein petitioner borrowed a sum of Rs.50 lakhs from the respondent. After the release of the movie, petitioner has to pay the money borrowed from the respondent. Therefore, petitioner issued a cheque bearing No.761303. However, the cheque was returned with an endorsement "insufficient finds". Legal notice was issued on 22.01.2023. After receiving the legal notice on 23.01.2023, petitioner has not paid the amount. For which, respondent filed a private complaint under section 138 of Negotiable Instruments Act against the petitioner for dishonor of cheque and that has been taken on file in C.C.No.6513 of 2013. In the said circumstances, petitioner filed the present petition.
3. The learned counsel for the respondent though, not filed vakalat submitted that, now the case is posted for questioning under Section 313 of Cr.P.C. Petitioner went absconding and therefore, non-bailable warrant is pending against him.
4. Considered the rival submissions and perused the records. The reading of the complaint allegations shows that, petitioner introducing him as a producer and copyright holder of the tamil film "Arjunan Kadhali" and entered into agreement dated 12.03.2010 for Coimbatore District and received a sum of Rs.50,00,000/- as distribution advance. Subsequently, petitioner had executed loan agreement dated 15.03.2010 for this amount with an agreement to pay the interest for the amount. However, petitioner failed to fulfill the terms and conditions of the agreement. When the respondent demanded the amount, petitioner issued a cheque bearing No. 761303 drawn at Central Bank of India, Mogaippair Branch, Chennai. When the cheque was presented, it was was returned with an endorsement "insufficient finds". Legal notice was issued on 22.01.2023. However, after receiving the legal notice on 23.01.2023, petitioner has not paid the
amount.
5. The complaint allegations clearly make out a case under Section 138 of Negotiable Instruments Act. The trial in this case is over and the case is pending for questioning under Section 313 Cr.P.C. The accused did not appear before the trial Court and therefore Non-Bailable Warrant is pending against him. In the said circumstances, this Court is of the view that, prayer for quashing the proceedings in C.C.No.6513 of 2013 cannot be entertained.
6. Accordingly, this Criminal Original Petition is dismissed. Consequently connected miscellaneous petitions are closed. 30.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order Sma To Fast Track Court No.III, Metropolitan Magistrate, Saidapet, Chennai
G.CHANDRASEKHARAN, J.
Sma 30.06.2023