Allowed

M/S Nuetech Solar System Pvt. Ltd. v. M/S Environ Energy Corporation India Private Limited

Karnataka HC10 Nov 2022CRL.A/266/2016

Case brief

AI extract

What is this about?

The single-judge High Court of Karnataka allowed the appellant's criminal appeal challenging the dismissal of a cheque-dishonour complaint. The court set aside the trial court's order dismissing the complaint for default and non-prosecution, directing restoration of the complaint to the trial court file for prosecution, noting the sanctions involved and the pending winding-up proceedings.

What did the court decide?

The order dated 30.11.2015 dismissing the complaint was set aside and the complaint was restored to the file for prosecution.

M/S Nuetech Solar System Pvt. Ltd. Vs M/S Environ Energy… — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MS.JUSTICE J.M.KHAZI

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CRIMINAL APPEAL NO.266 OF 2016

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BETWEEN:

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M/S NUETECH SOLAR SYSTEM PVT LTD NO.9167, BM SHANKARAPPA INDUSTRIAL ESTATE, SUNKADAKATTE, MAGADI ROAD, BENGALURU - 560 023 REPRESENTED BY ITS DIRECTOR SRI.B.PRAKASH

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...COMPLAINANT/APPELLANT

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(BY SRI. NAGENDRA KUMAR, ADVOCATE)

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AND

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1 . M/S ENVIRON ENERGY CORPORATION INDIA PRIVATE LIMITED NO.20/1, BETTA CHAMBERS, 4^TH CROSS, 5^TH MAIN, CHAMRAJPET, BENGALURU - 560 018 REPRESENTED BY ITS DIRECTOR

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2 . SRI. SOUMENDRA KISHORE CHAKRABORTY DIRECTOR M/S ENVIRON ENERGY CORPORATION INDIA PRIVATE LIMITED, NO.20/1, BETTA CHAMBERS, 4^TH CROSS, 5^TH MAIN, CHAMRAJPET, BENGALURU - 560018

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ALSO AT 6/2L, NAKTALA ROAD, NAKTALA POST OFFICE, KOLKATA - 700 047

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WEST BENGAL, INDIA

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3 . SRI. JYOTI KUMAR PODDAR DIRECTOR M/S ENVIRON ENERGY CORPORATION INDIA PRIVATE LIMITED, NO.20/1, BETTA CHAMBERS, 4^TH CROSS, 5^TH MAIN, CHAMRAJPET, BENGALURU - 560 018 ALSO AT 16/S, 'BLOCK'-'A' NEW ALIPORE, KOLKATA - 700 053 WEST BENGAL INDIA

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4 . SRI. DR.SUBRAMANIAN M/S ENVIRONMENT ENERGY CORPORATION INDIA PRIVATE LIMITED, NO.20/1, BETTA CHAMBERS, 4^TH CROSS, 5^TH MAIN, CHAMRAJPET, BENGALURU - 560 018

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5 . SRI. SRINIVAS CHANDRASHEKAR M/S ENVIRON ENERGY CORPORATION INDIA PRIVATE LIMITED, NO.20/1, BETTA CHAMBERS, 4^TH CROSS, 5^TH MAIN, CHAMRAJPET, BENGALURU - 560 018

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......ACCUSED/RESPONDENTS

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(BY SRI. RAMESH ANANTHAN, ADVOCATE FOR R1 - R3; R4 & R5 SERVED)

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THIS CRIMINAL APPEAL IS THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 30.11.2015 IN C.C.NO.31995/2011 PASSED BY THE XXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU CITY IN THE INTEREST OF JUSTICE.

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THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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This is complainant's appeal challenging the order dated 30.11.2015, dismissing the complaint for nonprosecution.

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For the sake of convenience the parties are referred to by their rank before the trial Court.

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Complainant filed a complaint for the offence punishable under Section 138 of N.I.Act alleging that cheque issued by accused for a sum of Rs.2,76,150/towards discharge of their liability came to be dishonored on the ground of instructions issued by the accused for stop payment.

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Vide order dated 19.10.2011, the trial Court took cognizance and issued summons. It appears inspite of repeated issue of summons the accused failed to appear and ultimately on 30.11.2015, the trial Court dismissed the complaint for default and non-prosecution.

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In response to the notice, respondent Nos.1 to 3 have appeared through counsel. The notice to respondent Nos.4 and 5 deemed to have been served.

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In this regard the learned counsel for accused submitted that already accused No.1 - Company is wound up and the proceedings are pending before National Company Law Tribunal, Calcutta. His submissions are placed on record.

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In all, there are 8 complaints filed by the complainant which came to be dismissed for nonprosecution. Having regard to the nature of the allegations made and the amount involved, this Court is of the considered opinion that complainant deserves an opportunity to prosecute the complaints.

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In the result, I proceed to pass the following:

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ORDER

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(i) Appeal is allowed. The order dated 30.11.2015 is set aside. Complaint is restored to the file.

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(ii) Both parties are directed to appear before the trial Court on 01.12.2022 without waiting for notice from it.

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Sd/-

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JUDGE

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M/S Nuetech Solar System Pvt. Ltd. v. M/S Environ Energy Corporation India Private Limited

Case brief

What is this about?

What did the court decide?

M/S Nuetech Solar System Pvt. Ltd. v. M/S Environ Energy Corporation India Private Limited

Case brief

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What did the court decide?

What the court decided

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