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Exelan Networking Technologies Pvt. Ltd., Represented by its Managing Director, Premdoss Samson, Adyar & Others v/s M/s. Cadensworth India Limited, Merged with M/s. Redington India Ltd., Rep. by K. Shanmugam, Senior Manager Accounts, Chennai


Company & Directors' Information:- REDINGTON (INDIA) LIMITED [Active] CIN = L52599TN1961PLC028758

Company & Directors' Information:- M S C TECHNOLOGIES LIMITED [Active] CIN = U64201DL2002PLC115040

Company & Directors' Information:- SENIOR INDIA PRIVATE LIMITED [Active] CIN = U74999DL1996PTC082386

Company & Directors' Information:- R S TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U30007DL1998PTC093644

Company & Directors' Information:- CADENSWORTH (INDIA) LIMITED [Amalgamated] CIN = U52392TN2002PLC050014

Company & Directors' Information:- C L C TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74899DL2000PTC105957

Company & Directors' Information:- E-MANAGER TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200MP2012PTC027568

Company & Directors' Information:- I Q TECHNOLOGIES LIMITED [Active] CIN = U72200TG2000PLC034058

Company & Directors' Information:- S M INDIA LTD [Strike Off] CIN = U26942ML1998PLC005541

Company & Directors' Information:- IN TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2010PTC210298

Company & Directors' Information:- EXELAN NETWORKING TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300TN2005PTC055733

Company & Directors' Information:- S D M TECHNOLOGIES INDIA PRIVATE LIMITED [Active] CIN = U22219KA2013PTC070117

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- M & M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U99999MH1990PTC056999

Company & Directors' Information:- S L S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U00367KA1988PTC009651

Company & Directors' Information:- A V K TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2002PTC113742

Company & Directors' Information:- C V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U52311CH2013PTC034790

Company & Directors' Information:- R G TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U51109DL2000PTC106267

Company & Directors' Information:- AMP E- TECHNOLOGIES INDIA PRIVATE LIMITED [Strike Off] CIN = U72900TN2012PTC088633

Company & Directors' Information:- L A TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900MH2010PTC209195

Company & Directors' Information:- N R TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900GJ2000PTC038010

Company & Directors' Information:- H R TECHNOLOGIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52603MH2003PTC138635

Company & Directors' Information:- C S A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72300TN1996PTC037105

Company & Directors' Information:- L AND S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1996PTC104023

Company & Directors' Information:- S B TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200AP2015PTC097640

Company & Directors' Information:- U AND I TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200KA1997PTC022565

Company & Directors' Information:- C AND M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U26900MH1999PTC118353

Company & Directors' Information:- V V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300HR2008PTC037950

Company & Directors' Information:- S W TECHNOLOGIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74140DL1970PTC005326

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- B A TECHNOLOGIES LIMITED [Active] CIN = U74900PN2012PLC143775

Company & Directors' Information:- J TECHNOLOGIES INDIA LIMITED [Active] CIN = U72200TZ2000PLC009315

Company & Directors' Information:- J N TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050546

Company & Directors' Information:- J V D TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200MH2005PTC157334

Company & Directors' Information:- J K TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2000PTC108155

Company & Directors' Information:- I E M TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900MH2008PTC187513

Company & Directors' Information:- D. A. TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2008PTC173738

Company & Directors' Information:- K M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2006PTC150457

Company & Directors' Information:- D. L. TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175475

Company & Directors' Information:- T & T TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U33112UP2001PTC026185

Company & Directors' Information:- R P J TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300UP1994PTC016135

Company & Directors' Information:- S J R S TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2008PTC185244

Company & Directors' Information:- E M TECHNOLOGIES INDIA PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141257

Company & Directors' Information:- D W TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U50400HR2010PTC041610

Company & Directors' Information:- V INDIA TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TN2008PTC069066

Company & Directors' Information:- R K H TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106586

Company & Directors' Information:- M C A TECHNOLOGIES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U73100MH2003PTC143446

Company & Directors' Information:- A 2 D TECHNOLOGIES (I) PRIVATE LIMITED [Strike Off] CIN = U74120MH2010PTC208798

Company & Directors' Information:- V M B TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200TZ2009PTC015638

Company & Directors' Information:- M Y 5 TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300UP2010PTC039514

Company & Directors' Information:- V & T TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC199124

Company & Directors' Information:- V J TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC163641

Company & Directors' Information:- E TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC106075

Company & Directors' Information:- L B TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900MH2000PTC124946

Company & Directors' Information:- REDINGTON INDIA PRIVATE LIMITED [Strike Off] CIN = U99999MH1961PTC011998

Company & Directors' Information:- SAMSON & COMPANY LIMITED [Dissolved] CIN = U74999TN1948PLC002386

Company & Directors' Information:- K-TECHNOLOGIES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900KL2006PTC019422

Company & Directors' Information:- J S R TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900PB2011PTC035189

Company & Directors' Information:- R V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200TG2007PTC053614

Company & Directors' Information:- V T S TECHNOLOGIES LIMITED [Active] CIN = U29309TN1996PLC036728

Company & Directors' Information:- C A G TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52335PB2009PTC032939

Company & Directors' Information:- V N TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900TN2006PTC061056

Company & Directors' Information:- H & S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PY2009PTC002365

Company & Directors' Information:- K S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200PB2001PTC024628

Company & Directors' Information:- A TO Z TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PB2011PTC035133

Company & Directors' Information:- V M S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52392TN2004PTC054456

Company & Directors' Information:- B H TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74200MH2007PTC175126

Company & Directors' Information:- AT TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900PN2007PTC130827

Company & Directors' Information:- P E TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC137065

Company & Directors' Information:- M & B TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TN2010PTC074938

Company & Directors' Information:- M & T TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TG2010PTC071594

Company & Directors' Information:- A A S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U74200TG2005PTC046996

Company & Directors' Information:- J K M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TN2008PTC069232

Company & Directors' Information:- N R P TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TG2009PTC064078

Company & Directors' Information:- O S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900CH2013PTC034358

Company & Directors' Information:- T & A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200DL2010PTC205207

Company & Directors' Information:- M & A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200DL2014PTC269962

Company & Directors' Information:- A N D TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200KA2012PTC066768

Company & Directors' Information:- A-1 TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U31900GJ2012PTC068883

Company & Directors' Information:- P AND 8 TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52392KL2003PTC016720

Company & Directors' Information:- V R TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U64202CH2000PTC023433

Company & Directors' Information:- R K TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900CH2000PTC023550

Company & Directors' Information:- F C TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2007PTC159296

Company & Directors' Information:- S R J TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2008PTC176517

Company & Directors' Information:- G TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U29299GJ2001PTC039300

    Crl.O.P.No. 7968 of 2019 & Crl.M.P.Nos. 4306 & 4308 of 2019

    Decided On, 25 April 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN

    For the Petitioners: T.V. Lakshmanan, Advocate. For the Respondent: V.T. Narendiran, Advocate.



Judgment Text

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in C.C.No.180 of 2018 on the files of XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the proceedings.)

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 it has legal effect under Section 233 (7) of the Companies Act, 2013. Further he submitted that M/s.Cadensworth India Limited having been dissolved it does not exist in the eye of law and cannot maintain the complaint under Section 138 of Negotiable Instruments Act. Further he submitted that the cheque bearing No.012474 dated 03.07.2017 was issued to M/s.Cadensworth India Limited by the first petitioner in the year June 2013 as security for supply made then.2.2. In this regard, the learned counsel for the petitioners relied upon the following judgments:

(i) In the case of Peirce Leslie and Co. Ltd Vs. Violet Ouchterlony Wapshare and Ors reported in AIR 1969 SC 843.

(ii) In the case of Saraswati Industrial Syndicate Ltd. Vs. Commissioner of Income Tax reported in AIR 1991 SC 70 and

(iii) In the case of Speedline Agencies Vs. T.Stanes and Co.Ltd. reported in 2010 (4) CTC 573.

3. The learned counsel for the respondent submitted that the petitioners issued cheque for the purchase of panduit Panduit Networking equipments etc and towards the amount due for a sum of Rs.39,09,258/- a cheque bearing No.012474 dated 03.07.2017 was issued. It was presented for collection and the same was returned dishonoured with the endorsement ‘refer to drawer’. After causing statutory notice, the respondent initiated proceedings under Sections 138 & 141 of Negotiable Instruments Act. He further submitted that though M/s.Cadensworth India Limited merged with M/s.Redington India Limited, the complaint has been filed and specifically mentioned that M/s.Cadensworth India Limited merged with M/s.Redington India Limited. Therefore, it cannot be said that transferrer company alone entitled to deposit the cheque and transferee company has no locus to encash the cheque.3.1. He further submitted that the order passed by the National Company Law Tribunal dated 22.07.2017 was not implemented and M/s.Cadensworth India Limited only issued statutory notice to the petitioners. After receipt of the reply notice dated 08.08.2017, the respondent issued rejoinder to the reply in which they categorically mentioned that M/s.Cadensworth India Limited subsequently merged with M/s.Redington India Limited. Therefore, he prayed for dismissal of this quash petition. He relied upon the judgment in the case of Surendra Mal Mehta and Another Vs. Gillette India Ltd reported in 2006 (133) Comp Cas 412.

4. Heard, the learned counsel for the petitioners and the learned counsel for the respondent.

5. The petitioners are accused in the proceedings initiated by the respondent for the offence punishable under Sections 138 & 141 of Negotiable Instruments Act. The learned counsel for the petitioners raised the ground that the complaint is not maintainable since M/s.Cadensworth India Limited merged with M/s.Redington India Limited and as such the complaint filed by M/s.Redington India Limited is not maintainable since the original payee is not existing at the time of initiation of proceedings under Section 138 of Negotiable Instruments Act. M/s.Cadensworth India Limited had dissolved and does not exist in the eye of law since it was dissolved and merged with M/s.Redington India Limited.6. It is seen from the statutory notice issued by M/s.Cadensworth India Limited on 24.07.2017. Admittedly, the amalgamation was effected only thereafter that too after the order of National Company Law Tribunal dated 22.07.2017. It is also evident that after receipt of the reply notice, the respondent issued rejoinder and categorically mentioned that M/s.Cadensworth India Limited merged with M/s.Redington India Limited. Even in the complaint, they specifically stated that M/s.Cadensworth India Limited merged with M/s.Redington India Limited.

7. Therefore, the judgments relied upon by the petitioners are completely held in different set of facts in the civil disputes and decided in respect of liability. Therefore, those judgments are not relevant to the case on the hand. Whereas the judgment relied upon by the respondent in the case of Surendra Mal Mehta and Another Vs. Gillette India Ltd reported in 2006 (133) Comp Cas 412, wherein it is held as follows:

10. Learned counsel for the petitioner produced an authority in Goa Plast (P) Ltd. v. Chico Ursulu D’souza wherein the Hon’ble Supreme Court has observed that the relationship between drawer and payee is irrelevant and existence of mercantile relationship between drawer and payee is not required to establish the offence under Section 138 of the Negotiable Instruments Act.”

8. This Court has held in view of the order passed by the Hon’ble Supreme Court of India that the relationship between the drawer and the payee is irrelevant and existence of mercantile relationship between the drawer and the payee is not required to establish the offence under Section 138 of Negotiable Instruments Act.9. In the case on hand, the statutory notice issued by M/s.Cadensworth India Limited and while issuing rejoinder to the reply notice, they mentioned as M/s.Cadensworth India Limited merged with M/s.Redington India Limited. Further it is also seen from the complaint they mentioned as M/s.Cadensworth India Limited merged with M/s.Redington India Limited. Therefore to initiate proceedings under Section 138 Negotiable Instruments Ac

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t as held by the Hon’ble Supreme Court of India the relationship between the drawer and the payee is irrelevant and the existence of mercantile relationship between the drawer and payee is not required to initiate the proceedings under Section 138 of Negotiable Instruments Act. Therefore, this Court finds no merits in this quash petition and the petition is liable to be dismissed. 10. Accordingly, this Criminal Original Petition is dismissed. However, considering the case is of the year 2018, the learned XVIII Metropolitan Magistrate, Saidapet, Chennai is directed to complete the trial in C.C.No.180 of 2018 within a period of three months from the date of receipt of this Order. Consequently, connected miscellaneous petitions are closed.
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