M/S.Otabu Certification Pvt Ltd v. Athenese -Dx Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.12.2023 Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24211 of 2023 & Crl.M.P.No.16881 of 2023
1. Otabu Certification Pvt. Ltd.
Having Permanent Office at Plot No.10, Najafgarh Road, Near Metro Pillar No.713, Uttam Nagar, New Delhi West - 110 059.
2. Anti Gupta, Rep. By its Directors, of Otabu Certification Pvt. Ltd., Having Permanent Office at, Plot No.10, Najafgarh Road, Near Metro Pillar No.713, Uttam Nagar, New Delhi West - 110 059.
3. Radhey Shyam, Rep. By its Directors of Otabu Certification Pvt. Ltd., Having Permanent Office at, Plot No.10, Najafgarh Road, Near Metro Pillar No.713, Uttam Nagar, New Delhi West - 110 059.
... Petitioners/Accused 1 to 3 /versus/ Page No.1/5
Athenese-DX Pvt Ltd., Rep. By, Mr.J.Rex - Manager, No.407 & 408, 4th Floor, TICEL BIO Park - II, No.5, CSIR Road, Taramani, Chennai.
Respondent/ defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to call for the records in STC.PC.No.1038 of 2023 on the file of the Learned V Fast Track Court, Magistrate Level Saidapet, Chennai. For Petitioners : Mr.V.Krishnamoorthy For Respondent : Mr.R.Venkatesh
O R D E R
This Criminal Original Petition to quash the complaint under Section 138 of N.I. Act is filed on two grounds. First, it is contended that, the Statutory Notice was not sent to the accused address and it was returned as insufficient address. This was done with an intention so that, the petitioner will not be in a position to reply to the Statutory Notice. Second ground is that, there was continuous correspondence regarding the goods supplied by the complainant and the petitioner disputing the liability. While so, these correspondence was between Page No.2/5
1st of May 2021 and 29th of May 2021. The cheques which is now the subject matter of the complaint alleged to have been issued between 13.05.2021 and 26.05.2021, which would apparently show that, the cheques were not issued on the date on which it bears.
2. The Learned Counsel for the complainant/respondent submitted that, the Statutory Notice was sent to the addressee, where the goods was delivered as per the invoices.
3. The petitioner/accused, after issuance of cheque to discharge the liability, had informed the bank to stop payment mentioning the cheque number, date and amount and therefore, there cannot be a doubt about issue of cheque on the particular date.
4. This Court, after perusing the records finds that, the point raised by the petitioner is disputed facts, which has to be established in the course of trial and by exercising its power under Section 482 of Cr.P.C., the complaint cannot be quashed, since there is prima facie material to take cognizance of the offence and Page No.3/5
proceed in accordance with law.
5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 22.12.2023 Index :Yes/No.
Internet :Yes/No.
Speaking Order/Non-Speaking Order bsm Copy to:-
1. The Learned V Fast Track Court, Magistrate Level Saidapet, Chennai. Page No.4/5
DR.G.JAYACHANDRAN, J.
bsm Crl.O.P.No.24211 of 2023 & Crl.M.P.No.16881 of 2023 22.12.2023 Page No.5/5