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General Automation Private Limited, Ernakulam & Another v/s M/s. Advaith Consultancy, Rep by N. Parameswaran


Company & Directors' Information:- H S CONSULTANCY PVT LTD [Active] CIN = U74140WB1988PTC044368

Company & Directors' Information:- S M CONSULTANCY PVT LTD [Active] CIN = U74140WB1992PTC057293

Company & Directors' Information:- E TO E CONSULTANCY PRIVATE LIMITED [Active] CIN = U63030KA2008PTC048557

Company & Directors' Information:- R. A. CONSULTANCY PVT. LTD. [Under Process of Striking Off] CIN = U67120WB1994PTC066521

Company & Directors' Information:- V G CONSULTANCY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054746

Company & Directors' Information:- K .P. A. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC142889

Company & Directors' Information:- T K M CONSULTANCY INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL1998PTC012694

Company & Directors' Information:- M AND M AUTOMATION PRIVATE LIMITED [Strike Off] CIN = U29253DL1997PTC088655

Company & Directors' Information:- A & A CONSULTANCY PVT. LTD. [Active] CIN = U74140WB1986PTC040777

Company & Directors' Information:- Y K CONSULTANCY (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL2003PTC121113

Company & Directors' Information:- R. R. AUTOMATION PRIVATE LIMITED [Strike Off] CIN = U29196CT2006PTC020080

Company & Directors' Information:- L M J CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC208950

Company & Directors' Information:- M U S INDIA CONSULTANCY LIMITED [Strike Off] CIN = U74900WB2013PLC191253

Company & Directors' Information:- C S S AUTOMATION PRIVATE LIMITED [Active] CIN = U74999WB2004PTC099535

Company & Directors' Information:- S H AUTOMATION PRIVATE LIMITED [Active] CIN = U51909WB2012PTC176121

Company & Directors' Information:- R A D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC224038

Company & Directors' Information:- Y. K. M. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74900DL2013PTC254940

Company & Directors' Information:- S N AUTOMATION PRIVATE LIMITED [Strike Off] CIN = U72300MH1998PTC116828

Company & Directors' Information:- J. P. CONSULTANCY PRIVATE LIMITED [Active] CIN = U51909GJ2002PTC040433

Company & Directors' Information:- B J AUTOMATION PRIVATE LIMITED [Active] CIN = U72900MH2016PTC287121

Company & Directors' Information:- GENERAL AUTOMATION PRIVATE LIMITED [Active] CIN = U45309KL1996PTC010274

Company & Directors' Information:- P C CONSULTANCY PVT LTD [Active] CIN = U74210WB1991PTC053835

Company & Directors' Information:- J A CONSULTANCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U93090MH2008PTC188284

Company & Directors' Information:- S R AUTOMATION PVT LTD [Active] CIN = U51909WB1995PTC067428

Company & Directors' Information:- S G M AUTOMATION (INDIA) PRIVATE LIMITED [Active] CIN = U29248PN2009PTC135232

Company & Directors' Information:- ADVAITH AUTOMATION PRIVATE LIMITED [Active] CIN = U34300KA1998PTC024037

Company & Directors' Information:- S K A CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999UP2020PTC136502

Company & Directors' Information:- AUTOMATION (INDIA) PRIVATE LIMITED [Strike Off] CIN = U00379KA1983PTC005228

Company & Directors' Information:- D M M CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC151887

Company & Directors' Information:- C I S (INDIA) CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74120BR2013PTC021019

Company & Directors' Information:- P S P CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900DL2011PTC222022

Company & Directors' Information:- N. K. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140HR2006PTC036471

Company & Directors' Information:- M E CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140KL2012PTC031172

Company & Directors' Information:- V F C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140RJ2015PTC048025

Company & Directors' Information:- B & S AUTOMATION PRIVATE LIMITED [Strike Off] CIN = U29219PB2010PTC034527

Company & Directors' Information:- V. S. AUTOMATION PRIVATE LIMITED [Active] CIN = U29299PN2008PTC131402

Company & Directors' Information:- E & C CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140TN2007PTC062260

Company & Directors' Information:- L & R CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140TN2009PTC072839

Company & Directors' Information:- M F S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140MH2008PTC177948

Company & Directors' Information:- I AND T AUTOMATION PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC142154

Company & Directors' Information:- G B AUTOMATION PRIVATE LIMITED [Strike Off] CIN = U72900MH2010PTC209280

Company & Directors' Information:- H H S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74120MH2013PTC250345

Company & Directors' Information:- M & W CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74910TN2004PTC053384

Company & Directors' Information:- M P CONSULTANCY PVT LTD [Strike Off] CIN = U74120WB1996PTC081085

Company & Directors' Information:- J. L. CONSULTANCY PVT LTD [Active] CIN = U74140WB1985PTC039818

Company & Directors' Information:- S E S CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170939

Company & Directors' Information:- G S AUTOMATION PRIVATE LIMITED [Strike Off] CIN = U52339HP2011PTC031734

Company & Directors' Information:- M G AUTOMATION PRIVATE LIMITED [Active] CIN = U12000DL2007PTC169624

Company & Directors' Information:- M J M CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC133200

Company & Directors' Information:- A C G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC140720

Company & Directors' Information:- H M S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC201488

Company & Directors' Information:- D & G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U65990DL2011PTC214142

Company & Directors' Information:- S P K AUTOMATION PRIVATE LIMITED [Active] CIN = U35122DL2007PTC170513

Company & Directors' Information:- R H H H CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900AP2014PTC095348

Company & Directors' Information:- A & C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140KA2008PTC046754

Company & Directors' Information:- A P R CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U93000KA2014PTC073639

Company & Directors' Information:- D T I AUTOMATION PRIVATE LIMITED [Active] CIN = U31103GJ2011PTC066378

Company & Directors' Information:- D C D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999RJ2020PTC071399

Company & Directors' Information:- K E G N AUTOMATION PRIVATE LIMITED [Active] CIN = U29308UP2020PTC138511

Company & Directors' Information:- V Z CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MH2007PTC170875

Company & Directors' Information:- F T CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030854

Company & Directors' Information:- M AND M CONSULTANCY PVT LTD [Strike Off] CIN = U74140PB1985PTC006557

    Crl.O.P. No. 19583 of 2019 & Crl.M.P. Nos. 10027 & 10028 of 2019

    Decided On, 19 November 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M.S. RAMESH

    For the Petitioners: Sheji P. Abraham, Advocate. For the Respondent: G. Sugadev Rajaguru, Advocate.



Judgment Text


(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in STC No.353 of 2019 on the file of the Judicial Magistrate Court, Dharapuram and quash the same.)

1. This Criminal Original Petition is filed to call for the records in STC No.353 of 2019 on the file of the Judicial Magistrate Court, Dharapuram and quash the same.

2. The petitioner herein has been arrayed as accused in the complaint for offence under Section 138 of the Negotiable Instruments Act. The main ground on which, the present quash petition has been filed, is that the respondent / complainant sent a notice of dishonour dated 24.01.2019 and the same was received by the petitioner on 28.01.2019. Thereafter, she had given a reply to the notice on 11.02.2019 which has been received on 13.02.2019. The complaint ought to have been filed 30 days therefrom, which expires on 14.03.2019. However, the complaint has been filed by the respondent on 20.03.2019 which is apparently beyond the period of 30 days prescribed under Section 142 (i) (b) of the Negotiable Instruments Act.

3. It is not in dispute that the respondent herein had failed to file any application seeking to condone the delay. While that being so, the complaint itself cannot be sustained in view of the violation of Section 142 (i) (b) of the Negotiable Instruments Act, which is not curable defect. This Court, in the case of M/s.Career & Career Education Services Private Limited and another Vs. Ganadipathy Tulsi’s Jain Engineering College, rep by its Chief Administrative Officer, A.Elango reported in CDJ 2019 MHC 796, had a occasion to hold that such belated presentation of the complaint cannot be sustained. The relevant portion of the order reads as follows:

“12. Thought the submission made by the learned counsel for the respondent is that the defect of belated filing of complaint is curable one, she did not substantiate her submission with any material. Therefore, this Court is of the considered opinion that though there is a proviso under Section 142(b) of Negotiable Instruments Act, belated filing of complaint without any condone delay petition is not a curable defect. The complaint can be filed belatedly provided that if the complainant satisfies the Court with sufficient cause for not filing the complaint within such period by condone delay petition. The case on hand, the respondent did not file any condone delay petition and the trial Court also without calculating the days have taken cognizance. Therefore, the complaint is barred by limitation and the trial Court ought not to have taken cognizance.

13. In view of the above, this Criminal Original Petition stands allowed and the proceedings in S.T.C.No.122 of 2017, on the file of the learned Judicial Magistrate/ Fast Track Court, Vellore is hereby quashed. Consequently, connected Miscellaneous Petitions are closed.”

4. In the light of the above observations, this Court is inclined to hold that the petitioner is entitled to succeed. Accordingly, the proceedings in STC No.353 of 2019

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on the file of the Judicial Magistrate Court, Dharapuram, stands quashed. The Criminal Original Petition stands allowed. The rejection of the complaint will not be a bar to the petitioner to approach the Civil Court seeking for recovery, if any, subject to the law of limitation. Consequently, connected Miscellaneous Petitions are also closed.
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