IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 09.03.2022

PRONOUNCED ON : 18.03.2022

CORAM

THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN

CRL.O.P.Nos.23507 & 23508 of 2016

and

Crl.M.Ps.11015 & 11017 of 2016

1. Srinivasha Fashions Private Limited,

Rep by its Managing Director,

Coppa V.Raveendran,

Having office at 1A, Regency Apartments,

No.5, 1^st Floor, Nungambakkam High Road,

Chennai – 600 034.

2. Coppa V.Raveendran,

Managing Director of Srinivasha

Fashions Private Limited,

Having office at 1A, Regency Apartments,

No.5, 1^st Floor, Nungambakkam High Road,

Chennai – 600 034.

3. Vijayalakshmi Raveendran,

Director of Srinivasha Fashions Private Limited,

Having office at 1A, Regency Apartments,

No.5, 1^st Floor, Nungambakkam High Road,

Chennai – 600 034.

4. Varun,

Director of Srinivasha Fashions Private Limited,

Having office at 1A, Regency Apartments,

No.5, 1^st Floor, Nungambakkam High Road,

Chennai – 600 034.

... Petitioners/accused in both Crl.O.P.s

Vs.

Nahar Industrial Enterprises Limited,

Focal Point,

Ludhiyana – 141010(Punjab)

and its branch office at 212, Cochrane basin road,

Chennai – 600 021.

... Respondent/Complainant in both Crl.O.P.s

https://hcservices.ecourts.gov.in/hcservices/

COMMON PRAYER: Criminal Original Petition has been filed under

Section 482 of the Code of Criminal Procedure, to call for the

records connected with the C.C.Nos.6543 & 6544 of 2015

respectively on the file of the I Fast Track Court, Egmore,

Chennai and quash the same.

IN BOTH CRL.OPs

For Petitioners

: Mr.Y.Kaja Navas

For Respondent

: Mr.U.Chandramouli for

M/s. King and partridge

COMMON ORDER

These Criminal Original Petitions have been filed to call

for the records connected with the C.C.Nos.6543 & 6544 of 2015

respectively, on the file of the I Fast Track Court, Egmore,

Chennai and quash the same.

2.The respondent/complainant filed both the cases for the

offences punishable under Section 138 r/w Section 141 of

Negotiable Instruments Act 1881.

3.The allegations common to both complaints and separately,

in brief, are as follows:

The respondent/complainant is a public limited company.

The first petitioner is a private limited company. The second

petitioner is its Managing Director, the third and the fourth

petitioners are its Directors. The petitioners 2 to 4 are in

control and management of the day today affairs of the first

petitioner company. The respondent/complainant entered into a

contract for supply of cotton fabric vide invoice No. NF 931140

dated 3.11.2014 for Rs.6,09,108/-, Invoice No.NF 931141 dated

3.11.2014 for Rs.2,90,343/-, Invoice No.NF 931142 dated

3.11.2014 for Rs.8,76,100/- Invoice No.NF

931438 dated

7.11.2014 for Rs.1,00,729/-, Invoice No.NF 937712 dated

28.1.2015 for Rs.4,12,750/-, Invoice No.NR 935005 dated

24.12.2014 for Rs.4,42,500/-, Invoice No. NR 934440 dated

16.12.2014 for Rs.2,00,432/- Invoice No.NF 932945 dated

27.11.2014 for Rs.28,350/- Invoice No.NF 932759/- dated

25.11.2014 for Rs.2,63,900/- Invoice No.NF 937032 dated

17.1.2015 for Rs.1,74,570/- with the first accused.

4. Pursuant to the supply of the cotton fabric vide the

https://hcservices.ecourts.gov.in/hcservices/

aforesaid invoices, the petitioners issued a cheque bearing

No.798097, dated 20.12.2014 for Rs.20,91,858/- drawn on The

Corporation Bank, Whites Road, Mount Road Branch, Chennai – 600

014 in C.C.No.6543 of 2015. In C.C.No.6544 of 2015, three

cheques for a sum of Rs.10,50,870/- were issued as detailed

below:

i. Cheque bearing No.804657 dated 10.03.2015 for Rs.4,07,938/-

(Rupees Four Lakhs Seven Thousand Nine Hundred and Thirty

Eight Only) drawn on the Corporation Bank, Whites Road,

Mount Road Branch, Chennai – 600 014.

ii.Cheque bearing No.804584 dated 2.03.2015 for Rs.4,42,500/-

(Rupees Four Lakhs Forty Two Thousand Five Hundre