Rajini v. M/S.Samunnati Financial Intermediation And Services P.Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-10-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No. 28932 of 2025 & Crl.M.P.Nos.19602 & 19604 of 2025
1. Rajini Director M/s.Ravichandra Textiles Pvt Ltd., Flat No.9, Bommarillu Apartments, Rajendra nagar, 5th Lane, Guntur, Pattabhipuram, Andhra Pradesh-522 006 Petitioner(s) Vs
1. M/s.Samunnati Financial Intermediation and Services P.Ltd.
Rep by its consultant Power Agent Mr.M.Kannan, Baid Hi Tech park No.129-B, 8th Floor, East Coast Road, Thiruvanmiyur, Chennai-600 041 Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to call for the records relating to STC.No.301 of 2022 pending on the file of the Learned V Fast Track Metropolitan magistrate, Saidapet, Chennai quash the said proceedings as being false, frivolous and an abuse of process of law
ORDER
Challenging the complaint filed in STC.No.301 of 2022 for the offence under section 138 of the Negotiable Instruments Act, the present Criminal Original Petition has been filed.
2. The only ground raised by the petitioner is that though the complainant claims that certain loans were disbursed to the company, the loans actually have not been disbursed to the company and in such circumstances, there is no existence of liability on the part of the petitioner, who is the Director of the Company.
3. On going through the records, this Court is of the view that the ground raised by the petitioner is a matter for trial and it cannot be decided in the petition filed under section 482 of Cr.P.C. seeking to quash the complaint. Further, the petitioner has also not given any reply to the statutory notice given by the complainant. Hence, I do not find any merit in this petition.
4. Accordingly, this Criminal Original Petition stands dismissed.
5. At this stage, the learned counsel appearing for the petitioner would submit that the petitioner is a housewife, who is also a Director of the company, which was run by the husband of the petitioner and therefore submits that the non bailable warrant issued against the petitioner may be recalled and the petitioner, as of now, will co-operate for the speedy disposal of the case.
6. In view of the above submissions, the petitioner is directed to appear before the trial Court within two weeks from the date of receipt of a copy of this order and file a petition for recalling the warrant and an affidavit of undertaking stating that she will to co-operate for the speedy disposal of the case and on such petition and affidavit being filed, the learned Magistrate shall recall the warrant.
25-10-2025
Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To 1.The V Fast Track Metropolitan Magistrate Saidapet, Chennai.
A.D.JAGADISH CHANDIRA, J.
vrc 25-10-2025