w w w . L a w y e r S e r v i c e s . i n



Ganesh Kumar v/s Boopalan, Proprietor M/s. Bharani Blue Metals, Rep. by his Power of Attorney, Madhan


Company & Directors' Information:- E-METALS INDIA LIMITED [Active] CIN = L67120MP1993PLC007899

Company & Directors' Information:- T & T METALS PRIVATE LIMITED [Active] CIN = U51109WB1996PTC079144

Company & Directors' Information:- T & T METALS PRIVATE LIMITED [Active] CIN = U51109JH1996PTC010474

Company & Directors' Information:- C R P METALS PRIVATE LIMITED [Active] CIN = U13203DL2007PTC162721

Company & Directors' Information:- G B R METALS PRIVATE LIMITED [Active] CIN = U28112TN2006PTC059316

Company & Directors' Information:- R N METALS PRIVATE LIMITED [Active] CIN = U74120TG2012PTC079808

Company & Directors' Information:- B R METALS LIMITED [Active] CIN = U27320AS1992PLC003681

Company & Directors' Information:- M P B METALS PRIVATE LIMITED [Active] CIN = U51101MH2014PTC258799

Company & Directors' Information:- D S METALS PVT LTD [Active] CIN = U27103WB1988PTC044523

Company & Directors' Information:- R S METALS PRIVATE LIMITED [Active] CIN = U27201RJ1973PTC001538

Company & Directors' Information:- C A METALS PRIVATE LIMITED [Active] CIN = U27100DL1988PTC031833

Company & Directors' Information:- M. P. K. METALS PRIVATE LIMITED [Active] CIN = U27107AS2009PTC009295

Company & Directors' Information:- GANESH CORPORATION PRIVATE LIMITED [Active] CIN = U15311PN2011PTC141089

Company & Directors' Information:- S K S METALS PRIVATE LIMITED [Active] CIN = U27100DL2009PTC194550

Company & Directors' Information:- I K METALS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U28910TG2014PTC092558

Company & Directors' Information:- R S I METALS PRIVATE LIMITED [Active] CIN = U51109UP2005PTC030888

Company & Directors' Information:- R. A. METALS PRIVATE LIMITED [Active] CIN = U28113DL2011PTC256094

Company & Directors' Information:- S R S METALS PRIVATE LIMITED [Strike Off] CIN = U27200KA1998PTC023427

Company & Directors' Information:- R B S METALS PVT LTD. [Strike Off] CIN = U28111CT1989PTC005335

Company & Directors' Information:- K S METALS PVT LTD [Active] CIN = U65921WB1988PTC043774

Company & Directors' Information:- KUMAR METALS PRIVATE LIMITED [Active] CIN = U74899DL1980PTC018257

Company & Directors' Information:- M B METALS PRIVATE LIMITED [Strike Off] CIN = U27109PB1991PTC011541

Company & Directors' Information:- KUMAR METALS PRIVATE LIMITED [Strike Off] CIN = U28999KA1980PTC003849

Company & Directors' Information:- D P METALS PVT LTD [Strike Off] CIN = U00000DL1988PTC031019

Company & Directors' Information:- U V METALS PRIVATE LIMITED [Strike Off] CIN = U15499TN1986PTC013435

Company & Directors' Information:- J N METALS PRIVATE LIMITED [Active] CIN = U28910WB2007PTC113134

Company & Directors' Information:- B S S METALS PVT LTD [Strike Off] CIN = U27109WB1990PTC048713

Company & Directors' Information:- J V METALS PRIVATE LIMITED [Active] CIN = U27109DL2004PTC127614

Company & Directors' Information:- A C L METALS PRIVATE LIMITED [Active] CIN = U27320GJ2021PTC119845

Company & Directors' Information:- G T METALS PRIVATE LIMITED [Strike Off] CIN = U27100DL2011PTC220163

Company & Directors' Information:- A J METALS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031650

Company & Directors' Information:- B V METALS PRIVATE LIMITED [Active] CIN = U27100MH1983PTC030103

Company & Directors' Information:- S J B METALS PRIVATE LIMITED [Active] CIN = U51909PB1990PTC010910

Company & Directors' Information:- S B H METALS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC026766

Company & Directors' Information:- N & G. METALS PRIVATE LIMITED [Active] CIN = U27300DL2007PTC168632

Company & Directors' Information:- A G METALS PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1992PTC048897

Company & Directors' Information:- D C METALS PRIVATE LIMITED [Strike Off] CIN = U27200MH1998PTC117410

Company & Directors' Information:- M H METALS PVT LTD [Strike Off] CIN = U27109CH1992PTC012615

Company & Directors' Information:- BLUE METALS COMPANY PRIVATE LIMITED [Active] CIN = U51420TN2004PTC052888

Company & Directors' Information:- S K METALS PRIVATE LIMITED [Strike Off] CIN = U27110TN1979PTC007954

Company & Directors' Information:- M G METALS PRIVATE LIMITED [Not available for efiling] CIN = U99999TN1987PTC014760

Company & Directors' Information:- G N A METALS PRIVATE LIMITED [Strike Off] CIN = U93000DL2009PTC194436

Company & Directors' Information:- S M K C S METALS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U36999MH2011PTC218701

Company & Directors' Information:- KUMAR METALS PVT LTD [Active] CIN = U36911WB1973PTC028719

Company & Directors' Information:- BLUE-INDIA PRIVATE LIMITED [Strike Off] CIN = U74140HR2008PTC037647

Company & Directors' Information:- Z E METALS PVT LTD [Strike Off] CIN = U24119HP1991PTC011866

Company & Directors' Information:- S M R METALS PVT LTD [Strike Off] CIN = U99999DL1979PTC009736

Company & Directors' Information:- S B M METALS PRIVATE LIMITED [Strike Off] CIN = U51420HR2014PTC052174

Company & Directors' Information:- A K G METALS PRIVATE LIMITED [Strike Off] CIN = U51420DL2000PTC107414

Company & Directors' Information:- C C METALS PVT LTD [Strike Off] CIN = U27109PB1993PTC013823

Company & Directors' Information:- R L G METALS PRIVATE LIMITED [Active] CIN = U27109PB2004PTC027640

Company & Directors' Information:- METALS PRIVATE LIMITED [Active] CIN = U27300MH1946PTC004882

Company & Directors' Information:- H D METALS PRIVATE LIMITED [Active] CIN = U27310MH2010PTC202262

Company & Directors' Information:- V. B. METALS PRIVATE LIMITED [Active] CIN = U27310DL2007PTC170520

Company & Directors' Information:- P J METALS PRIVATE LIMITED [Active] CIN = U28112DL2012PTC233093

Company & Directors' Information:- R J S METALS PRIVATE LIMITED [Active] CIN = U74899DL2004PTC130164

Company & Directors' Information:- P J METALS PRIVATE LIMITED [Active] CIN = U70100DL2012PTC233093

Company & Directors' Information:- J T METALS PVT LTD [Strike Off] CIN = U28997WB1976PTC030719

Company & Directors' Information:- O S METALS PRIVATE LIMITED [Strike Off] CIN = U13206RJ1999PTC015614

Company & Directors' Information:- S S K METALS PVT LTD [Strike Off] CIN = U27200MH1981PTC024739

Company & Directors' Information:- B & J METALS PRIVATE LIMITED [Strike Off] CIN = U27310DL2007PTC158620

    Crl.O.P. No. 1438 of 2020 & Crl.M.P. No. 862 of 2020

    Decided On, 17 September 2020

    At, High Court of Judicature at Madras

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

    For the Petitioner: Abrar Mohamed Abdullah, Advocate. For the Respondent: No Appearance.



Judgment Text

(Common Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records pertaining to the proceeding in C.C.No.603 of 2019 on the file of the Judicial Magistrate No.1 at Coimbatore and quash the same.)1. This petition has been filed to quash the proceedings in C.C.No.603 of 2019 on the file of the Judicial Magistrate No.I, Coimbatore.2. The learned counsel for the petitioner would submit that the petitioner is a sole accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act.3. According to the Petitioner/accused, M/s.Varshini Equipments had a business transaction with the defacto complainant/respondent namely M/s.Bharani Blue Metals at Coimbatore in respect of purchase of goods for credit from the respondent and issued a cheque for a sum of Rs.8,15,000/-. The said cheques were presented for collection and the same was dishonoured and returned as “account closed”. After issuance of statutory notice, the respondent lodged a complaint for the offence under Section 138 and 141 of the Negotiable Instruments Act as against the petitioner/accused. He further submitted that the petitioner neither proprietor of M/s.Varshini Equipments nor partner of M/s.Varshini Equipments.4. Admittedly, M/s.Varshini Equipments is a proprietorship and it is owned by one Uma Maheswari. Though she happens to be the wife of the petitioner herein, the petitioner did not issue any cheque to the respondent and admittedly, the cheque issued by the proprietorix Mrs.Uma Maheswari of M/s.Varshini Equipments. He further submitted that after receipt of statutory notice from the respondent dated 03.01.2019, he categorically explained by a reply dated 10.01.2019 that the petitioner is not a proprietor of M/s.Varshini Equipments and the respondent might have dealt with M/s.Varshini Equipments and it's proprietorix. The reply notice was also duly received by the respondent and thereafter, no re-jointer was sent by the respondent herein. Therefore, the petitioner is no way connected to M/s.Varshini Equipments and he is not at all liable to be punished for the offence under Section 138 & 141 of the Negotiable Instruments Act.5. Though notice served to the respondent herein and his name is printed in the cause list, no one is appeared on behalf of the respondent either by person or through a pleader.6. Heard the learned counsel for the petitioner and perused the materials available on record.7. The petitioner is a sole accused in the complaint lodged by the respondent for the offence punishable under Section 138 and 141 of the Negotiable Instruments Act. The respondent lodged a complaint alleging that the complainant had approached the accused for supplying of machineries for new M-sand Unit at Chetteri, Vellore District. Based on the request of the complainant, the accused had agreed to supply the machineries with free installation charges. Accordingly, the accused placed invoice with the complainant for supply of machineries for M-Sand unit. When the accused supplied machineries to the complainant as per the invoices, issued eight cheques. On receipt of the same, the complainant presented the cheques for collection and the same were dishonoured and returned as “account closed”. After causing statutory notice, the respondent lodged a complaint for the offence punishable under Section138 and 141 of the Negotiable Instruments Act as against the petitioner. The learned counsel for the petitioner would submit that the petitioner is not a signatory and the petitioner is not a proprietor of M/s.Varshini Equipments.8. On perusal of a certificate of registration to the Commercial Tax Department and M/s.Varshini Equipments owned by the proprietor one Uma Maheswari. Though, she happens to be the wife of the petitioner herein, the petitioner is nothing to do with M/s.Varshini Equipments, since it is owned by Uma Maheswari.9. On perusal of the alleged cheques were signed and issued by proprietor of M/s.Varshini Equipments namely Uma Maheswari, the respondent proceeded the complaint as against the petitioner as if he is the proprietor of M/s.Varshini Equipments and issued statutory notice against the petitioner dated 03.01.2019. On receipt of the same, the petitioner issued reply notice dated 10.01.2019 and he categorically stated that he is not a proprietor of the concern M/s.Varshini Equipments. Further stated that the respondents might have dealt with M/s.Varshini Equipments and the petitioner has no responsibility to resu

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me any of the respondent's business, loss or what so ever.10. Therefore, the petitioner is not liable to be prosecuted for the offence punishable under Section 138 and 141 of the Negotiable Instruments Act, since the petitioner neither proprietor nor partner of M/s.Varshini Equipments. Therefore, the complaint cannot be sustained as against the petitioner and it is liable to be quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed.
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