High Court quashed prosecution against a company director who was not a signatory to the disputed cheque and was not described in the complaint. The court held inclusion was not maintainable without averments of her nexus or issuance role.
Criminal Revision Petition allowed; discharge order (M.P.No.236 of 2015) set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.09.2021 CORAM: THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.635 of 2015 Muthuselvi Chandrasekar Director of M/s.First Choice Forex and Services Private Limited, No.D-4, Sai Swagath Apartments No.1/320, M.T.H.Road, Near Canara Bank, Ambattur, Chennai - 600 053. ...Petitioner/Accused - 4 .. Vs .. 1. M/s.Kotak Mahindra Bank Limited, 1st Floor, Ceebros Center, No.45, Montieth Road, Egmore, Chennai - 600 008. Represented by its Deputy Manager and The Authorized Signatory Mr.K.Surendran 2. M/s.First Choice Forex and Services Private Limited, High Towers, No.40-A, Nungambakkam High Road, Nungambakkam Chennai - 600 034. 3. A.S.Chandrasekaran Managing Director, M/s.First Choice Forex and Services Private Limited, Residing at No.D-4, Sai Swagath Apartments No.1/1/320, M.T.H.Road, Near Canara Bank, Ambattur, Chennai - 600 053.
M/s.First Choice Forex and Services Private Limited, Residing at Flat No.22, 5th Block, Maansarovar Apartments, No.11-A, Arcot Road, Lakshmi Nagar, Porur, Chennai - 600 116. ...Respondents 2 to 4
PRAYER: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C., to set aside the order dated 27.05.2015 passed in M.P.No.236 of 2015 in C.C.No.10944 of 2014 on the file of the learned FTC No.II Metropolitan Magistrate, Egmore, Chennai.
For petitioner : Mr.V.V.Sairam
For Respondents : No appearance
O R D E R
The respondent is served; name printed; none appears.
4.The fourth accused, Muthuselvi Chandrasekar, has filed M.P.No.236 of 2015 seeking for discharge on the ground that she was not described as Director of the Company in the complaint and she has not signed the document namely cheque, and hence in the absence of any averment in the complaint regarding the Director of the Company and being a non-signatory to the cheque, as drawer of the cheque she has not signed of the cheque, she is not liable for further prosecution. The said petition was dismissed stating that already summons have been issued for appearance. Hence, this petition.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
nvi
To
The FTC No.II Metropolitan Magistrate, Egmore,
Chennai.
+1 cc to Mr.V.V.Sairam,Advocate Sr.No.47747
Crl.R.C.No.635 of 2015
2 issues framed by the court
Whether inclusion of a non-signatory who is not described in the complain as director of the company as an accused is maintainable.
Whether acquittal in discharge proceedings should be set aside when the complaint fails to aver that the accused acted in managing capacity or issued the cheque.
3 provisions across 2 enactments
Muthuselvi Chandrasekar
M/s. Kotak Mahindra Bank Limited
M/s. First Choice Forex and Services Private Limited
A.S. Chandrasekaran
P. Srikrishnan
R.M.T. Teekaram Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
