Mahalakshmi Srinivasan Vs M/s. Royal Business

M/s. Royal Business Rep. by Proprietor Mr. Deepak Chandran, Rep by its Power of Attorney, Mr. E. Karthik, General Manager, Having Office at No.37, 2nd Floor, Anna Salai, Chennai-600 002.

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..Respondent(s)

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Prayer: This Criminal Original Petition is filed under Section 528 of BNSS, praying to call for the records in STC No.7619 of 2026 on the file of the Fast Track Court, Magisterial Level-II at Allikulam, Chennai and quash the proceedings insofar as the petitioner/accused No.3.

For Petitioner(s):

Mr.K.Arunprasad

ORDER

The prayer in the Criminal Original Petition is to quash the private complaint filed in STC No.7619 of 2026.

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

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CRL OP No. 19892 of 2026

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Upon perusal of the records, it can be seen that the same is a private complaint for an offence under Section 138 of the Negotiable Instruments Act.

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The learned counsel for the petitioner would submit that even though the petitioner/third accused is a Director, no specific allegation is made in the complaint about the direct involvement of the third accused. She is also a senior citizen and she is not at all involved in the day to day affairs. Merely because she is the wife of the second accused, she is made as a Director. Therefore, she has been unnecessarily arrayed as an accused and therefore, the present prayer.

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I have considered the submissions made by the learned counsel for the petitioner.

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The complainant in every paragraph has stated that the second and third accused as Directors only represented him to supply the goods and directed to him to present the cheque etc., Therefore, it cannot be stated that no specific averments has been made against the present accused. When she is also the Director, by virtue of Section 142 of the Negotiable Instruments Act, the prosecution will lie as against all the Directors, who are involved in the day to day affairs of the Company.

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

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CRL OP No. 19892 of 2026

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In view thereof, the contentions made by the petitioner cannot be

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countenanced, as such, the Criminal Original Petition stands disposed of. At this stage, the learned counsel for the petitioner pleads hardship for the petitioner to

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appear before the Trial Court. Considering the same, the presence of the petitioner before the Trial Court except for the hearings that may be insisted upon by the Trial Court shall stand dispensed with. Consequently, connected miscellaneous petitions are closed.

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23-07-2026

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Neutral Citation: No PVS

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To

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The Fast Track Court,

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Magisterial Level-II at Allikulam, Chennai

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