Vijaya Shamundeswari v. M/S. Sri Thangam Exports

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.12.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --

1. Mrs.Vijaya Shamundeswari

2. Mr.Rahul Raj .. Petitioners Vs.

M/s.Sri Thangam Exports, Rep. by its Proprietor Mr.P.Senthil Kumar No.8/6, 1st Floor, 5th Layout, Railway Colony, Adambakkam, Chennai-600 088.

.. Respondent Criminal Original Petition filed under Section 528 of the B.N.S.S., to call for the entire records in C.C.No.282 of 2023, pending trial on the file of the Fast Track Court Judge (Magistrate Level) at Alandur and quash the same insofar as the petitioners are concerned.

For petitioner : Mr.M.Govindaraj For respondent: No appearance

ORDER

This petition has been filed to call for the entire records in C.C.No.282 of 2023, pending trial on the file of the Fast Track Court Judge (Magistrate Level) at Alandur and quash the same insofar as the petitioners are concerned. 1 / 4

2. Despite service of notice and also printing the name of the respondent, none appears for the respondent. This Court heard the petitioner. Though admittedly, the petitioners 1 and 2 are the partners of the partnership firm, it is a registered partnership firm and only the petitioners 1 and 2 alone are the partners. A1 has issued the cheque on behalf of the firm. The present petitioner is none other than the mother of A1. She is no way connected with either the partnership firm, or the transaction. Further, she is not even signatory to the partnership firm or agent or any Authorised Signatory.

3. Admittedly, the cheque was issued by A1 on behalf of the partnership firm. The petitioners have been unnecessarily implicated in this case. A reading of the complaint filed by the respondent, shows that it is only under Section 138 of the Negotiable Instruments Act alone and even the complaint is not in respect of the offence under Section 420 IPC and therefore, in the above circumstances, the implication of the petitioners, is unwarranted.

4. Accordingly, this petition is allowed. The complaint proceedings are hereby quashed as against the petitioners herein alone. The Court below is directed to proceed with C.C.No.282 of 2023 as against the other accused persons.

09.12.2024 cs 2 / 4

To

1. Fast Track Court Judge (Magistrate Level) at Alandur.

2. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 09.12.2024 4 / 4