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2004 Supreme(Mad) 551

S.ASHOK KUMAR
Trilux Technologies Singapore Pvt. ,Ltd. – Appellant
Versus
Boon Technologies – Respondent


Advocates Appeared:
Mr.K.Ashokan Senior Counsel for Mr.R.Raghu Raj Advocate for Petitioner.Mr.A.Padmanaban, Advocate for Respondent.

Judgment :

1. This Criminal Original Petition has been filed to quash the complaint in C.C.No.3610 of 2002, pending on the file of the IX Metropolitan Magistrate Court, Saidapet, Chennai as far as the petitioners are concerned.

2. The brief facts of the case are as follows:-

The respondent filed a complaint against the petitioners and others who were Directors of M/s.Trilux Technologies Singapore Ltd., at Singapore for alleged offences under Sections 138 and 142 of the Negotiable Instruments Act. According to the complainant, he developed a software and exported the same to the accused-company in the month of December, 2001 which was confirmed by the accused by their letter dated 18.12.2001. The accused sent two cheques dated 18.2.2002 for U.S.$ 7800 each drawn on Overse as Chinese Bank of Corporation Ltd., Singapore, in the Foreign Currency Account and the cheques were sent by the 7th accused on behalf of the first accused. The other accused are holding posts in the company as Directors and they are responsible for the day to day administration of the business. When the cheques were presented at Andhra Bank, Ashok Nagar Branch, Chennai, the cheques were dishonoured on 26.3.2002 for











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