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2019 Supreme(Mad) 730

G.K.ILANTHIRAIYAN
Exelan Networking Technologies Pvt. Ltd. , Represented by its Managing Director, Premdoss Samson, Adyar – Appellant
Versus
Cadensworth India Limited, Merged with M/s. Redington India Ltd. , Rep. by K. Shanmugam, Senior Manager Accounts, Chennai – Respondent


Advocates Appeared:
For the Petitioner:T.V. Lakshmanan, Advocate.
For the Respondent:V.T. Narendiran, Advocate.

JUDGMENT :

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.180 of 2018 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The learned counsel for the petitioners submitted that the respondent initiated proceedings for the offence under Sections under Sections 138 & 141 of Negotiable Instruments Act as against the petitioners alleging that the first petitioner/accused company acting through its Directors had approached the respondent to place orders for purchase of Panduit Networking equipments etc under invoice. After receipt of the goods, the petitioners issued a cheque and the same was presented for collection. The said cheque was returned dishonoured with the endorsement-refer to drawer-. After causing statutory notice, the respondent initiated proceedings under Sections 138 and 141 of Negotiable Instruments Act as against the petitioners.2.1.He further submitted that the complaint itself is not maintainable since the respondent was merged with M/s.Redington India Limited as per the sanction order of National Company Law Tribunal, Division Bench, Chennai dated 22.07.2017 and M/s. Cadensworth India Limited was dissolved as such











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