Allowed

M/S.Milltex Engineers Private Limited v. M.Thangaraj

Madras HC4 Oct 2023CRL OP/22409/2023

Case brief

AI extract

What is this about?

The High Court of Madras allowed a petition to quash a private complaint under Section 138 of the Negotiable Instruments Act. It directed a separate compound petition filed by the accused after transfer of cheque amount via NEFT to be processed by the trial court.

What did the court decide?

Criminal Original Petition closed; direction to Trial Court to pass order on compound petition for compounding the offence.

M/S.Milltex Engineers Private Limited Vs M.Thangaraj — Cheque Dishonour | Madras HC (2023)

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Crl.O.P.No.22409 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.10.2023

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CORAM

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THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN,

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Crl.O.P.No.22409 of 2023 and

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Crl.M.P.No.15572 of 2023

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M/s. Milltex Engineers Private Limited,

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rep. By its Managing Director Mr.S.Manikandan Door No.8/49, Sundaresa Layout, Trichy Road, Coimbator – 641 018

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S. Manikandan,

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Managing Director of M/s. Milltex Engineers Private Ltd., Door No.8/49, Sundaresa Layout, Trichy Road, Coimbatore – 641 018.

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Supriya Paul, Director of M/s. Milltex Engineers Private Ltd., Door No.8/49, Sundaresa Layout, Trichy Road, Coimbatore – 641 018.

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Subrata Paul Director of M/s. Milltex Engineers Private Ltd., Door No.8/49, Sundaresa Layout, Trichy Road, Coimbatore – 641 018. ... Petitioners

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/vs/

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M. Thangaraj S/o. M. Mayalazhan Door No.1/10, Ponnandampalayam, Kanniyurpost, Coimbatore – 641 659 ... Respondent

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1/4 https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.22409 of 2023

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Prayer : Criminal Original Petition has been filed under section 482 of Cr.P.C. to quash the private complaint in STC No.279 of 2023 pending on the file of the Judicial Magistrate, Sulur.

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For petitioner ... Mr. K. Karthikeyan

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ORDER

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This Criminal Original Petition has been filed to quash the proceedings in STC.No.279 of 2023 on the file of the Judicial Magistrate, Sulur.

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The case of the complainant under Section 138 of the Negotiable Instruments Act is that the petitioners herein, who are employees in Milltex Engineers Private Limited are arrayed as accused in the private complaint, are before this Court to quash the petition.

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It is contended by the petitioners that the respondent/ complainant was an ex-employee in Milltex Engineers Private Limited. The terminal benefits of Rs.58,250/- was issued by way of cheque by the Management, however, it was not honoured when presented for collection. After serving the statutory notice, which was returned unserved, private complaint has been lodged. Only after receiving summons from the Court, they came to know

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2/4 https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.22409 of 2023

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about the dishonour of cheque. Immediately, Demand Draft of Rs.58250/along with the memo was presented before the Judicial Magistrate and the same has been returned by the Magistrate Court Registrar. Therefore, Rs.58250/- is transferred to the account of the complainant through NEFT .

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This Court is of the view that the above said circumstances since the accused have come forward to pay the cheque amount even before commencement of trial, it is a fit case for compounding the offence. The petitioners shall file the compound petition narrating the payment of the cheque amount through NEFT and seek for compounding the offence. After hearing the complainant, the Trial Court is directed to pass appropriate order on the compound petition.

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With the above directions, this Criminal Original Petition is closed.

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Consequently, connected miscellaneous petition is closed.

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Index : Yes/No Internet: Yes/No 04.10.2023 mrp To The Judicial Magistrate,

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Sulur

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Crl.O.P.No.22409 of 2023

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G.JAYACHANDRAN, J.

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mrp

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Crl.O.P.No.22409 of 2023

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04.10.2023

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M/S.Milltex Engineers Private Limited v. M.Thangaraj

Case brief

What is this about?

What did the court decide?

M/S.Milltex Engineers Private Limited v. M.Thangaraj

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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