Allowed

Laxmannan Kamala Kannan v. M/S.Muniraj Colours Pvt. Ltd.

Madras HC28 Jun 2017CRL OP(MD)/8414/2015

Case brief

AI extract

What is this about?

This Andhra Pradesh High Court Bench allowed a petition under Section 482 CrPC to quash the prosecution against four accused directors in a cheque bouncing case. The Court noted the lack of sufficient averments against the petitioners compared to the two already convicted, citing interest of justice.

What did the court decide?

Proceedings against Accused Nos. 3, 4, 5, and 7 were quashed under Section 482 CrPC, and connected miscellaneous petitions were closed.

Laxmannan Kamala Kannan Vs M/S.Muniraj Colours Pvt. Ltd. — Cheque Dishonour | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 28.06.2017

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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Crl.O.P.(MD) No.8414 of 2015 & M.P.(MD).Nos.1 and 2 of 2015

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Laxmannan Kamala Kannan M/54, S/o.R.N.Lakshmanan, Director of M/s.Shri Renuga Textiles Ltd., 45, N.R.T. Road, N.R.T. Nagar, Theni -625 531.

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Jagadeesan Ramnarayan S/o.R.N.Jagadeesan, Director of M/s Shri Renuga Textiles Ltd., 7, Gandhiji Road, N.R.T.Nagar, Theni-625 531.

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Krishnasamy Kaliraj, S/o.Krishnasamy Director of M/s Shri Renuga Textiles Ltd., 7, Gandhiji Road, N.R.T.Nagar, Theni-625 531.

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Vasudevan Ramakrishnan S/o.Ramakrishnan Kuppusamy, Director of M/s Shri Renuga Textiles Ltd, B-601, Rajpark Co-Op HSG Society, Rajaji Road, Dombivli East, Maharashtra.

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Amaranath Kaliraj S/o.Kaliraj Director of M/s Shri Renuga Textiles Ltd., 22, Gandhiji Road, N.R.T.Nagar, Theni-625 531 : Petitioners/ Accused Nos.3 to 7 -vs-

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M/s.Muniraj Colours (P) Ltd., Rep. by its Manager/Power Agent, Mr.D.Amaranathan, aged about 45 years, College Road, Tirupur -641 603 : Respondent/Complainant

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https://hcservices.ecourts.gov.in/hcservices/ Prayer : Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records in S.T.C.No.91 of 2015 on the

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file of Judicial Magistrate, Fast Track Court, Theni and quash the same.

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For Petitioner : Mr.C.Muthusaravanan For Respondent : Mr.R.Baskar

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O R D E R

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For the sake of convenience the parties will be referred to by their name. Muniraj Colours (P) Ltd., have initiated prosecution in S.T.C.No.91 of 2015 before the learned Judicial Magistrate Court (Fast Track), Theni for the offence under Section 138 of the Negotiable Instruments Act against Shri Renuga Textiles Limited represented by its Managing Director, Narayanasamy Jegadeesan/A1 and 6 others. Challenging the prosecution, Shri Renuga Textiles Limited/A1 and Narayanasamy Jagadesan/A2 filed Crl.O.P.(MD).No.8406 of 2015 for quashing the prosecution. Crl.O.P.(MD).No.8406 of 2015 was dismissed by this Court with a direction to the Trial Court to complete the Trial in S.T.C.No.91 of 2015, within a period of three months.

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It is seen that 7 accused were named in S.T.C.No.91 of 2015. Since A3 to A7 had filed Crl.O.P.(MD).No.8414 of 2015 and had obtained stay, the Trial Court was not able to proceed further with the STC No.91 of 2015. Therefore, the Trial Court split up the case case against A3 to A7 and numberd the case split up case as STC No.91 of 2015. The Trial in S.T.C.No.61 of 2015 was conducted against Shri Renuga Textiles Ltd.,/A1 and Narayanasamy Jagadesan/A2 and both of them were convicted and sentenced by the Trial Court vide judgment dated 10.02.2016. Against the said judgment of conviction and sentence, they have also filed an appeal in C.A.No.13 of 2016 before the Principal District and Sessions Court, Theni and the same is pending. While so, A3 to A7 are before this Court for quashing the prosecution against them.

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Heard Mr.C.Muthusaravanan, learned counsel for the accused and Mr.R.Baskar the learned counsel for the complainant.

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It may be necessary to state here that one the petitioners namely Vasudevan Ramakrishnan/A6 has been deleted from this petition and the memo of appearance filed on his behalf has been withdrawn.

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It is the case of the complainant that there was business transaction between Muniraj Colours (P) Ltd., and Shri Renuga Textiles Ltd., in which a sum of Rs.56,67,875/- is due. In discharge of this liability, it is alleged that Shri Renuga Textiles Ltd., had issued a cheque and when the same was presented, it was dishonoured. Hence, the prosecution.

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As regards the petitioners herein, the only allegation https://hcservices.ecourts.gov.in/hcservices/ against them is that they were Directors in Shri Renuga Textiles Ltd., and nothing more. Taking into consideration the fact that Shri

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Renuga Textiles Limited/A1 and Narayanasamy Jagadesan/A2 have been convicted and sentenced and also taking into consideration the fact that there are no sufficient averments against these petitioners in the complaint, this Court is of the view that it will be in the interest of justice, if the proceedings against the petitioners are quashed and this petition is allowed. Accordingly, the prosecution against A3, A4, A5 and A7 in S.T.C.No.91 of 2015 on the file learned Judicial Magistrate, Fast Track Court, Theni are hereby quashed and this petition is allowed. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar (CS-II)

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/True Copy/

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Sub Assistant Registrar

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To:

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The Judicial Magistrate (Fast Track Court), Theni.

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1 CC TO Mr.C.MUTHU SARAVANAN, ADVOCATE IN SR No. 62413 + 2 CC TO Mr.R.BASKAR, ADVOCATE IN SR No. 62461

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JIKR

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TE/MR-KKR/SAR-II : 04/08/2017 : 3P/5C

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Order made in Crl.O.P.(MD) No.8414 of 2015 and M.P.(MD).Nos.1 and 2 of 2015 28.06.2017

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https://hcservices.ecourts.gov.in/hcservices/

Laxmannan Kamala Kannan v. M/S.Muniraj Colours Pvt. Ltd.

Case brief

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Laxmannan Kamala Kannan v. M/S.Muniraj Colours Pvt. Ltd.

Case brief

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What did the court decide?

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