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



J. Sathyakumar v/s Rajesh Agarwal, The Managing Director M/s. ARSS Infrastructures Projects Ltd., Orissa


Company & Directors' Information:- P S K INFRASTRUCTURES AND PROJECTS PRIVATE LIMITED [Active] CIN = U45400TG2007PTC054435

Company & Directors' Information:- A. R. INFRASTRUCTURES & PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2003PTC120242

Company & Directors' Information:- C K INFRASTRUCTURES LIMITED [Active] CIN = U70200DL1997PLC089706

Company & Directors' Information:- RAJESH PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45201DL1999PTC101984

Company & Directors' Information:- D B INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U04520MP2006PTC018493

Company & Directors' Information:- R S INFRASTRUCTURES LIMITED [Active] CIN = U45201PB1997PLC020316

Company & Directors' Information:- K R INFRASTRUCTURES LIMITED [Active] CIN = U73100TG1992PLC013995

Company & Directors' Information:- I M B INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102DL2009PTC195079

Company & Directors' Information:- Y K M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45202CH2006PTC029960

Company & Directors' Information:- R 3 INFRASTRUCTURES LIMITED [Active] CIN = U45400DL2014PLC268953

Company & Directors' Information:- P G M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U01119AP2007PTC054326

Company & Directors' Information:- N H INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45209CH2010PTC032243

Company & Directors' Information:- Y D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102UP2009PTC037603

Company & Directors' Information:- C 4 INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201MH2013PTC242843

Company & Directors' Information:- B S V R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45209TG2009PTC064901

Company & Directors' Information:- V AND K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TG2001PTC036581

Company & Directors' Information:- J L INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066965

Company & Directors' Information:- T & C INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC060995

Company & Directors' Information:- U R C INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058894

Company & Directors' Information:- R V A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102UP2013PTC056289

Company & Directors' Information:- S R G INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74110DL2005PTC134967

Company & Directors' Information:- S R G INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70101DL2005PTC134967

Company & Directors' Information:- N. C. R. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034623

Company & Directors' Information:- AGARWAL AND CO PROJECTS (INDIA) PVT LTD [Strike Off] CIN = U45201PB1990PTC010146

Company & Directors' Information:- P T INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U51909DL2007PTC159635

Company & Directors' Information:- S. L. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45203PB2007PTC031300

Company & Directors' Information:- V C H INFRASTRUCTURES PRIVATE LIMITED [Under Process of Striking Off] CIN = U45203KL2011PTC028762

Company & Directors' Information:- P A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45208TN2009PTC071929

Company & Directors' Information:- A E K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45309TN2009PTC071702

Company & Directors' Information:- K G N INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74200DL2007PTC167982

Company & Directors' Information:- M A M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70109KA2012PTC062160

Company & Directors' Information:- P N INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45201OR2010PTC012647

Company & Directors' Information:- R S INFRASTRUCTURES INDIA PRIVATE LIMITED [Strike Off] CIN = U45206TN2013PTC091533

Company & Directors' Information:- J S K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200MH2005PTC156097

Company & Directors' Information:- S A INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400WB2013PTC192691

Company & Directors' Information:- L & W INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200DL2008PTC182372

Company & Directors' Information:- K R R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC061194

Company & Directors' Information:- INFRASTRUCTURES PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200JH2007PTC012792

Company & Directors' Information:- S AND A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45206UR2012PTC000345

Company & Directors' Information:- J & K INFRASTRUCTURES LIMITED [Active] CIN = U40101JK2009PLC003034

Company & Directors' Information:- V. J. S. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035636

Company & Directors' Information:- K R M INFRASTRUCTURES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC073850

Company & Directors' Information:- M D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201CH2001PTC024224

Company & Directors' Information:- V K INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC034415

Company & Directors' Information:- K Y INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127815

Company & Directors' Information:- A K C INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200KL2010PTC025716

Company & Directors' Information:- D N D INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45203PN2008PTC133243

Company & Directors' Information:- G V R INFRASTRUCTURES INDIA PRIVATE LIMITED [Strike Off] CIN = U45209AP2008PTC059504

Company & Directors' Information:- AGARWAL INFRASTRUCTURES LIMITED [Strike Off] CIN = U45201GJ1996PLC029802

Company & Directors' Information:- K & K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74120KA2006PTC040900

Company & Directors' Information:- A & G INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U31900PB2012PTC036358

Company & Directors' Information:- Y R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201RJ2015PTC047298

Company & Directors' Information:- U D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203382

Company & Directors' Information:- J W INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74120MH2015PTC268554

Company & Directors' Information:- G AND G INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC147316

Company & Directors' Information:- A. N. Y. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45206MH2013PTC243735

Company & Directors' Information:- J V S M S INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200TG2010PTC070371

Company & Directors' Information:- K S V V INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45209TG2010PTC069359

Company & Directors' Information:- A V R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC186399

Company & Directors' Information:- A P S INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC248564

Company & Directors' Information:- R R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150324

Company & Directors' Information:- S D P INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200HR2013PTC048666

Company & Directors' Information:- B P K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45203KA2009PTC049331

Company & Directors' Information:- T M R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC054647

    Crl. R.C (MD) No. 315 to 316 of 2014

    Decided On, 02 March 2015

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN

    For the Petitioner: M. Subash Babu, Advocate. For the Respondents: No Appearance.



Judgment Text

(Common Prayer: Civil Revision Case filed under Section 397 read with 401 of the Code of Criminal Procedure, to call for the records and set aside the order passed by the Judicial Magistrate No.II, (Fast Track Court at Magisterial Level), Madurai in unnumbered S.T.C.No.... of 2014, dated 12.05.2014 and allow the revisions.)

1. The Criminal Revisions Petitions are preferred against the order passed by the learned Judicial Magistrate No.II, (Fast Track Court at Magisterial Level), Madurai in unnumbered S.T.C.No. of 2014, dated 12.05.2014.

2. In these revision petitions the petitioner / complainant is one and the same person so also the respondent. All the complaints came to be filed for prosecuting the respondent for the commission of offence under Section 138 r/w 141 of Negotiable Instalments Act. Sworn statement of the complainant was recorded and the trial court on going through the contents of the private complaint and sworn statement found that the complainant is working as a civil engineering contractor of the Company viz., M/s.ARSS Infrastructures Projects Ltd., Orissa and the cheques in question have also been issued by the said company only and the statutory notices have been sent to the Managing Director of the said company Viz. Rajesh Agarwal. The trial Court also took note of the legal position under Section 141 of Negotiable Instruments Act and found that no statutory notice under Section 138 of Negotiable Instruments Act has been issued to the Company and in the absence of such a notice, no cause of action was arose to prosecute the case and citing the said reason dismissed all the complaints vide separate order dated 12.05.2014, under Section 203 of Cr.P.C., and challenging the legality of the same, the present revision petitions have been filed .

3. Mr.M.Subash Babu, the learned counsel appearing for the petitioner / complainant would submit that the statutory notices have been issued to M/s.Rajesh Agarwal in his capacity as Managing Director of M/s.ARSS Infrastructures Projects Ltd., Orissa and not in individual capacity and therefore, it should be construed as the prosecution launched against the company also and the said vital aspect have been completely overlooked by the trial Court. The learned Counsel appearing for the petitioner / complainant has also drawn the attention of this Court to the judgment in Shapoor Pallanji Mistry v. State of Tamil Nadu reported in (2015) 1 MLJ (Crl) 478).

4. The respondent has been served and his name appears in the cause list and however, there is no representation.

5. A perusal of the impugned complaint would disclose that the revision petitioner / complainant was engaged as a contractor and according to him, the Company viz., M/s.ARSS Infrastructures Projects Ltd., Orissa is due and payable some amount and the cheques in question have also been issued by the said Firm, signed by Mr.Rajesh Agarwal in the capacity as Managing Director. Unfortunately, the statutory notices have been issued to Mr.Rajesh Agarwal, the Managing Director of M/s.ARSS Infrastructures Projects Ltd., Orissa and not to M/s.ARSS Infrastructures Projects Ltd., Orissa, represented by its Managing Director. Therefore, it is to be construed that statutory notices have been issued only to the Managing Director in his individual capacity and not to the Company, which had issued the cheques. Even in the cause title and in the complaint also it is shown as Mr.Rajesh Agarwal, The Managing Director, M/s.ARSS Infrastructures Projects Ltd., Plot No.38, Sector-A, Zone-D, Manchesur, Industrial Estate, Bhuvaneshwar, Orissa – 751 010. and the company, which has issued the cheques, has not been arrayed as accused.

6. Proviso to Section 138 of Negotiable Instruments Act reads that the drawer of such cheque fail to make payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Section 141 of Negotiable Instruments Act speaks about the offences by companies and Section 142 deals with cognizance of the offence and as per Section 142(a), 'no court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque. (b) such complaint is made within one month of the date on which, the cause of action arises under clause (c) of the proviso to Section 138'.

7. Admittedly in terms of clause 3 to proviso to Section 138 of NIA, statutory notices have not been issued to the Company, which had issued the cheques and therefore, the trial Court has rightly found that the cognizance cannot be taken and rightly dismissed the complaints under Section 203 of Cr.P.C. The Judgment cited above, relied on by the learned counsel appearing for the petitioner, is no application to the facts of the case for the reason that in the said case, prosecution was launched under Section 47 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the learned Judge of this Court has considered the scope of Section 63 of the said Act, and further taking into account that the said legislation is a Social Welfare Legislation, has directed the lower court to issue summons to the company though it was not arrayed as accused. In the case on hand, in the light of the above said mandatory provision the obligation is cast upon the revision petitioner / complainant to is

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sue statutory notices to the company, which issued the cheques and also array them as accused in the private complaint but unfortunately, he has failed to do so. 8. This Court on going through the materials is of the considered opinion that there is no infirmity or error apparent on the face of the record in the impugned order passed by the trial Court. 9. In the result, the all the revisions petitions are dismissed, confirming the order dated 12.05.2014, in unnumbered S.T.C/2014 passed by the learned Judicial Magistrate No.II, (Fast Track Court at Magisterial Level), Madurai.
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