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



M/s. Sai Infra Equipment-s Private Limited, Represented by its Director K. Elango & Another v/s M/s. L&W Constructions Private Limited, Represented by R. Madhusuthanan


Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- U G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400TN2010PTC074921

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

Company & Directors' Information:- A G R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG1997PTC028180

Company & Directors' Information:- N J R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209TG2009PTC065101

Company & Directors' Information:- S T CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127181

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

Company & Directors' Information:- G N R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70200KA2004PTC034839

Company & Directors' Information:- E C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC092928

Company & Directors' Information:- A R R S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202TZ2008PTC014926

Company & Directors' Information:- AMP INFRA PRIVATE LIMITED [Active] CIN = U45400DL2014PTC269040

Company & Directors' Information:- S K CONSTRUCTIONS LIMITED [Amalgamated] CIN = U45200DL1972PLC006224

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

Company & Directors' Information:- D A P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201WB1997PTC086056

Company & Directors' Information:- M R CONSTRUCTIONS PVT LTD [Active] CIN = U45202WB1987PTC041958

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

Company & Directors' Information:- E AND A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2007PTC052569

Company & Directors' Information:- SAI INDIA LIMITED [Active] CIN = U29120KA1989FLC010358

Company & Directors' Information:- J N C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1998PTC093071

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- V J EQUIPMENT LTD [Strike Off] CIN = U99999TG1988PLC008434

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- P R D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC132422

Company & Directors' Information:- R A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74120DL1999PTC101132

Company & Directors' Information:- V G V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2003PTC010825

Company & Directors' Information:- R M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136640

Company & Directors' Information:- J K B EQUIPMENT LIMITED [Active] CIN = U29309TN1998PLC040669

Company & Directors' Information:- R K CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45400UP2009PTC039089

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

Company & Directors' Information:- H A M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140214

Company & Directors' Information:- B M R C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC126958

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- P R P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TN1995PTC032833

Company & Directors' Information:- N S CONSTRUCTIONS (INDIA) LIMITED [Active] CIN = U70101DL1997PLC088867

Company & Directors' Information:- S V P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45203KA2013PTC072347

Company & Directors' Information:- S. C. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400AS2012PTC010876

Company & Directors' Information:- K & R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201AS2011PTC010822

Company & Directors' Information:- M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC148776

Company & Directors' Information:- V Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201UP2014PTC062964

Company & Directors' Information:- G V B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70100TG1998PTC028935

Company & Directors' Information:- P K D CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74999WB1980PTC032820

Company & Directors' Information:- H K P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202OR2001PTC006458

Company & Directors' Information:- G S S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201TZ1992PTC003665

Company & Directors' Information:- C AND M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130723

Company & Directors' Information:- A G P CONSTRUCTIONS COMPANY PRIVATE LIMITED [Active] CIN = U45201AN2006PTC000078

Company & Directors' Information:- G G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028772

Company & Directors' Information:- N S V CONSTRUCTIONS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101WB1997PTC084753

Company & Directors' Information:- SAI INDIA CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45203MP2002PTC015264

Company & Directors' Information:- T AND P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45309PN2020PTC191603

Company & Directors' Information:- K M S CONSTRUCTIONS PVT LTD [Active] CIN = U26931TG1983PTC004119

Company & Directors' Information:- M S R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201TG2000PTC035352

Company & Directors' Information:- K P C CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45204DL2012PTC233771

Company & Directors' Information:- A G M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202KL2002PTC015340

Company & Directors' Information:- A N CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC035171

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

Company & Directors' Information:- K B C CONSTRUCTIONS LIMITED [Strike Off] CIN = U45209CH2011PLC032890

Company & Directors' Information:- T T S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45403KL2020PTC064299

Company & Directors' Information:- V B R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG1997PTC027406

Company & Directors' Information:- M R Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400DL2008PTC172953

Company & Directors' Information:- V S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201KA1980PTC003939

Company & Directors' Information:- J B CONSTRUCTIONS LTD [Strike Off] CIN = U45201WB1981PLC034263

Company & Directors' Information:- S D R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201OR2010PTC012083

Company & Directors' Information:- V N CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45200KA2015PTC083425

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

Company & Directors' Information:- A P CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74210WB1979PTC032397

Company & Directors' Information:- J N D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL1997PTC088802

Company & Directors' Information:- M AND M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL1992PTC051503

Company & Directors' Information:- CONSTRUCTIONS CO OF INDIA PRIVATE LIMITED [Strike Off] CIN = U29248UP1946PTC001471

Company & Directors' Information:- K S CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U29248UP1982PTC005640

Company & Directors' Information:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

Company & Directors' Information:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- J J INFRA INDIA PRIVATE LIMITED [Active] CIN = U45209AP2011PTC078174

Company & Directors' Information:- S J M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101KA1997PTC023146

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

Company & Directors' Information:- G D CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201WB1985PTC039687

Company & Directors' Information:- B G CONSTRUCTIONS PVT LTD [Active] CIN = U70109WB1989PTC046859

Company & Directors' Information:- M C CONSTRUCTIONS PVT LTD [Strike Off] CIN = U70101WB1985PTC039150

Company & Directors' Information:- M R B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201CH1995PTC017071

Company & Directors' Information:- B AND W CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U17291DL2007PTC170930

Company & Directors' Information:- P K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45200AP1987PTC008025

Company & Directors' Information:- G K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201AS1988PTC003035

Company & Directors' Information:- S D C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209AP2011PTC074468

Company & Directors' Information:- C J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70101DL1996PTC082457

Company & Directors' Information:- R R CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74210OR1989PTC002234

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- N D F C CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201MH2004PTC144493

Company & Directors' Information:- J H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH1998PTC115057

Company & Directors' Information:- L D F CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400UP2009PTC037275

Company & Directors' Information:- K P N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2014PTC092096

Company & Directors' Information:- J D CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45209TG2010PTC071441

Company & Directors' Information:- U R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400WB2007PTC120032

Company & Directors' Information:- H M K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184485

Company & Directors' Information:- O P B K CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC047760

Company & Directors' Information:- G A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109333

Company & Directors' Information:- A J N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142336

Company & Directors' Information:- J. L. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45500AP2016PTC104385

Company & Directors' Information:- U D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201OR1990PTC002649

Company & Directors' Information:- C & A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TN1989PTC017300

Company & Directors' Information:- R S S CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45202JH1990PTC003927

Company & Directors' Information:- P AND P CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45200TG1992PTC015113

Company & Directors' Information:- I. A. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100TG1998PTC029569

Company & Directors' Information:- B J CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200MH1972PTC015731

Company & Directors' Information:- L & I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UR2006PTC032334

Company & Directors' Information:- A.T. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UP1990PTC011951

Company & Directors' Information:- M A M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2003PTC010667

Company & Directors' Information:- S B R CONSTRUCTIONS PVT LTD [Active] CIN = U70100MH1982PTC027337

Company & Directors' Information:- G V K CONSTRUCTIONS P LTD [Strike Off] CIN = U45201TN1985PTC011867

Company & Directors' Information:- G T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U51101UP1980PTC004982

Company & Directors' Information:- N. M. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC067227

Company & Directors' Information:- D F CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CH1991PTC011820

Company & Directors' Information:- J AND J CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201KL1980PTC003192

Company & Directors' Information:- L AND S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032554

Company & Directors' Information:- M T M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2005PTC011626

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

Company & Directors' Information:- D & Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200PN2009PTC134889

Company & Directors' Information:- L. K. M. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201MH2006PTC164835

Company & Directors' Information:- J J K CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2013PTC244977

Company & Directors' Information:- S R R CONSTRUCTIONS PVT LTD [Active] CIN = U45202MH1982PTC027359

Company & Directors' Information:- 4 F CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400TG2012PTC081501

Company & Directors' Information:- N N C CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400TG2015PTC099840

Company & Directors' Information:- J S J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74900TN2016PTC103860

Company & Directors' Information:- Q AND Q CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043373

Company & Directors' Information:- V M N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209TG2013PTC087032

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- S I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45209CH2014PTC035188

Company & Directors' Information:- SAI CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45204DL2009PTC191555

Company & Directors' Information:- R S A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC193200

Company & Directors' Information:- B B R L CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2011PTC217588

Company & Directors' Information:- A M T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC268935

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K. D. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74120DL2009PTC190268

Company & Directors' Information:- G T B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100DL2009PTC193204

Company & Directors' Information:- G N D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100DL2009PTC193472

Company & Directors' Information:- R P T CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200AP2007PTC055960

Company & Directors' Information:- M N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200AP2014PTC094893

Company & Directors' Information:- C B N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400HR2010PTC040454

Company & Directors' Information:- Y & M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400HR2011PTC044664

Company & Directors' Information:- M P K CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201KA2001PTC029100

Company & Directors' Information:- S V B M INFRA CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45203KA2014PTC076435

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

Company & Directors' Information:- M Y S CONSTRUCTIONS PVT LTD [Active] CIN = U45201KL1995PTC008623

Company & Directors' Information:- A P N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201HP1995PTC017344

Company & Directors' Information:- M T EQUIPMENT PRIVATE LIMITED [Strike Off] CIN = U71230DL1998PTC096140

Company & Directors' Information:- M T J CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201KA1991PTC011684

Company & Directors' Information:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

Company & Directors' Information:- D B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2007PTC053917

Company & Directors' Information:- R S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CT1983PTC002128

Company & Directors' Information:- E M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200DL2008PTC185365

Company & Directors' Information:- J. P. INFRA CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45500MH2016PTC287796

Company & Directors' Information:- K V S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201RJ1983PTC002720

    Crl.OP No. 609 of 2018 in Crl.MP No. 188 of 2018

    Decided On, 15 February 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

    For the Petitioner: S. Karthikeyan, Advocate. For the Respondents: K.P. Anantha krishna, Advocate.



Judgment Text

(Prayer: Criminal Original petition has been filed under Section 482of Cr.PC to quash the complaint in C.C.No.5724 of 2017 on the file of the learned Metropolitan Magistrate Fast Track Court I, Allikulam, Egmore, Chennai.)This Criminal Original petition has been filed seeking to quash the proceedings pending before the Court below in C.C.No.5724 of 2017.2. The respondent has filed a complaint against the petitioners for an offence under Section 138 of the Negotiable Instruments Act (herein after called as the “Act”). The petitioners have approached this Court seeking to quash the proceedings mainly on the ground that a defective notice was issued by the respondent under Clause (b) of the proviso to Section 138 of the Act. Therefore, according to the petitioners, the complaint itself is not maintainable.3. The learned counsel for the petitioners brought to the notice of this Court the legal notice dated 13.02.2017, issued by the respondent and specifically relied upon the following portions in the notice, which are extracted hereunder.In discharge of the liability to refund the Advance payment upon termination of the Agreement by out client, a cheque issued by Sai bearing No.107505000854 dated 4 January 2017 drawn on ICICI Bank, Sarjapur Road Branch, Bengaluru, for INR 75,00,000 was presented for realisation by our client on 2 February 2017 with their bankers DBS Bank, Anna Salai, Chennai. The subject cheque has been issued by you in the capacity as a Director and authorised agency of Sai in the usual course of the business and day to day affairs of the company. The said cheque was dishonoured with endorsement “Funds Insufficient” on 3 February 2017. A cheque return memo dated 3 February 2017 has been issued by DBS Bank with an endorsement funds insufficient” which was received by out client on 6 February 2017.We, therefore, on behalf of our client above named, hereby demand payment of the aforementioned amount of INR 75,00,000 (Rupees Seventy Five lakhs only) within fifteen (15) days from the date of receipt of this notice by you, failing which you shall be deemed to have committed an offence within the meaning of Section 138 r/w 141 of the Negotiable Instruments Act, 1881.Take note that this is a statutory notice issued under Section 138 of the Negotiable Instrument Act, 1881.4. The learned counsel for the petitioners also brought to the notice of this Court the reply notice dated 02.03.2017 issued by the petitioners and relied upon the following portions in the reply notice, which is extracted hereunder:-iii. Be that as it may, my client specifically states that he has not issued cheque bearing No.107505000854 dated 04.01.2017 drawn on ICICI Bank, Sarjapur Road Branch, Bengaluru to your client upon termination of Agreement (i.ePost 11.04.2016). My client states that his bank documents do not depict having issued the said cheque bearing No.107505000854 much less any cheque subsequent to termination of Agreement. Since my client has not been allotted with cheque containing series 107505000854 by his banker, there was no occasion for him to issue the said cheque.5. The learned counsel for the petitioners also brought to the notice of this Court the relevant portions in the complaint, which is extracted hereunder:-6. That towards repayment of the acknowledged debt, the second accused being the authorised signatory of the first accused issued the cheque in favour of the complainant from the ICICI Bank account bearing number 107505000854 held by the first accused. The Accused had issued the cheque bearing No.508684 dated 04.01.2017 drawn on ICICI Bank, Sarjapur Road branch, Bengaluru for a sum of INR 75,00,000. This cheque was signed by the second accused for and on behalf of the first accused.6. The learned counsel for the petitioners submitted that the statutory notice issued under Clause (b) of the proviso to Section 138 of the Act referred to a cheque number, which was denied by the petitioners in the reply notice and in the complaint, a different cheque number has been mentioned. Therefore, according to the petitioners, the defective notice is fatal to the maintainability of the complaint and the same has to be quashed.7. The learned counsel for the petitioners also placed reliance upon the judgment of this Court in [Sukanthi Vs.Jothi Vasathalakshmi] in CDJ 2013 MHC 4655. The relevant portions in the judgment are extracted hereunder:-8. A perusal of the statutory notice dated 22.08.2008 would disclose that the date of the cheque name of the bank in which it was drawn, has not been disclosed. The issuance of a statutory notice is not an empty formality and the drawer of the cheque is put on notice to make the payment within 15 days from the date of receipt of the notice. The defects in the notice were pointed out in the reply sent through a lawyer on behalf of the accused and though the complaint refers to the said reply, she brushed aside the stand taken in the reply by stating that the allegations are vague and unsubstantiated.9. In the considered opinion of the court, in the absence of relevant materials particulars in the statutory notice, the accused has been put to prejudice and at the earliest point of time, while sending the reply, it was also pointed out that the statutory notice is bereft of material particulars. In the considered opinion of the Court, the non-stating of relevant particulars such as date of cheque, the bank in which it was drawn are vital to the case of the complainant.8. The learned counsel for the petitioners also placed reliance upon the judgment of this Court in [Mohamad Irfan Vs.Velukannan] in CDJ 2017 MHC 2017. The relevant portions in the judgment are extracted hereunder.37. Be that as it may, in the instant case, even though the Appellant/Complainant, at paragraphs 8 & 12, in the complaint, had mentioned the cheque number as -361868- and mentioned the cheque number incorrectly as -361838- in Ex.P3 Notice, this Court is of the considered view that there is no mist or cloud or shroud or any manner of simmering doubt in regard to the language employed in Section 138 of the Negotiable Instruments Act. Admittedly, notice will have to be read in entirety. In the present case, there was no correction notice communicated/issued on behalf of the Appellant/Complainant to the Respondent/Accused. Also, considering the fact that the supply of chickens by the Appellant/Complainant to the Respondent/Accused is a running transaction, the mistake that had occurred in Ex.P3 Notice pertaining to the cheque number cannot be said to be an ancillary/ incidental or irrelevant/immaterial one, because of the fact that the issuance of Cheque Ex.P1 was not the only one transaction between the parties. Certainly, the incorrect mentioning of the cheque in Ex.P3 Notice is not fulfilling the requirement under Section 138(b) of the Negotiable Instruments Act. In as much as Ex.P3 Notice is not in conformity with Ex.P1 Cheque, as a logical corollary, the complaint filed by the Appellant/Complainant is per se not maintainable in Law.9. Per contra, the learned counsel appearing on behalf of the respondent submitted that the number that was mentioned in the notice was the account number of the petitioners maintained at ICICI Bank. The notice specifically gave the details of the transaction and specifically mentioned the cheque amount payable by the petitioners and therefore, the same is in compliance with the requirement of Clause (b) of the proviso to Section 138 of the Act. The learned counsel further submitted that even in the reply notice issued by the petitioners, there was no denial of the sum of Rs. 75,00,000/- covered in the cheque and what was denied was the quantum of amount payable by the petitioners. The learned counsel therefore submitted that the petitioners cannot be permitted to take a hyper technical stand and there are no grounds to quash the complaint.10. The learned counsel for the respondent placed reliance upon the following judgments, in order to substantiate his submissions:-(a) Nalini Mohanan Vs.State of Kerala reported in 2020 SCC Online Ker 6000(b) Nazir Ahmad Baba Vs.Nazir Ahmad Dar reported in 2018 SCC Online J&K 70(c) Suman Sethi Vs.Ajay K Churiwal reported in 2000 2 SCC 380(d) K.R.Indhira Vs. Dr.G.Adinarayana reported in 2003 8 SCC 30011. This Court has carefully considered the submissions made on either side and the materials available on record.12. The statutory notice issued by the respondent under Clause (b) of the proviso to Section 138 of the Act apart from explaining the transactions between the parties, mentioned the Account number maintained by the petitioners instead of the Cheque number. The petitioners were called upon to pay a sum of Rs. 75,00,000/- which was covered under the cheque in question. While filing the complaint, both the account number and the cheque number have been mentioned in para 6 of the complaint.13. A catena of decisions has now settled the law to the effect that a notice which is not in conformity with proviso (b) to Section 138 of the Act, cannot form the basis of a complaint filed for an offence under Section 138 of the Act and such a complaint would not be maintainable. The object of issuing notice to the accused person is to give a chance to the drawer of a cheque to rectify his omission. For this purpose, the notice has to be read as a whole. The demand made in the notice has to cover the cheque amount. If the notice does not even fulfil this requirement, obviously such a notice would fall short of its legal requirement.14. In the present case, it is not as if a wrong cheque number has been mentioned in the statutory notice. What was mentioned in the notice is the account number maintained by the petitioners. Instead of stating it as account number, by oversight it has been stated as cheque number. Therefore, the limited question is as to whether, this discrepancy will vitiate the complaint filed by the respondent on the ground of defective notice?15. A careful reading of clause (b) of the proviso to Section 138 of the Act only insists for making a demand for the payment of the cheque amount. There is not even a mandate to mention the cheque number in the Statutory notice.16. It will be relevant to take note of the judgments of the Kerala High Court and Jammu & Kashmir High Court referred supra. The Kerala High Court in Nalini Mohanam referred supra, was dealing with a case where there was a discrepancy in the cheque number mentioned in the statutory notice and in the complaint. While dealing with such a scenario, the Kerala High Court held as follows.16. A demand for payment of the amount of the cheque, by giving a notice in writing is sine qua non for filing a complaint for the offence under Section 138 of the Act. The emphasis given in the provision contained in Clause (b) of the proviso to Section 138 of the Act is on the demand to be made for payment of the amount of the Crl.MC.No.4255 OF 2019(B) cheque. The statute does not provide that the number of the cheque shall be mentioned in the notice. What is required is a demand, by giving a notice in writing to the drawer of the cheque, for payment of the amount covered by the cheque. The statutory provision indicates in unmistakable terms as to what the notice should contain.17. The object of sending a notice demanding payment of the amount of the cheque is to give a chance to the drawer of the cheque to rectify his omission and also to protect an honest drawer. No form of notice is prescribed under Clause (b) of the proviso to Section 138 of the Act (See Central Bank of India v. M/s Saxons Farms : AIR 1999 SC 3607).18. The requirement of giving notice to the drawer of the cheque is to enable him to avoid a prosecution under Section 138 of the Act. It is well settled principle of law that the notice has to be read as a whole. A notice must be construed not with a desire to find fault in it which would render it defective. It must not be read in a hyper- technical manner. It must be construed strictly but in a sensible manner (See Surendra Das v. State of Kerala : 2019 (3) KHC 105 : 2019 (2) KLT 895).19. In Viswanathan v. Ramachandran Nair : 1996 (2) KLT 449, it has been held that, when there is only one transaction Crl.MC.No.4255 OF 2019(B) between the parties and when there is only one transaction of issuance of cheque between the parties, a mistake in the number could not mislead the drawer of the cheque and such mistake does not render the notice invalid.20. In Shihahbuddin Ahammad v. Krishnaraj : 2016 (2) KHC 463: 2016 (2) KLT 473, it has been held that when the cheque number is not mentioned in the notice or when there is a mistake in the number of the cheque in the notice, the accused cannot claim that the notice is bad or not in proper form to invalidate the cause of action.17. Likewise, the Jammu & Kashmir High Court in Nazir Ahmad Baba case referred supra was also dealing with a similar discrepancy and it was held as follows.8. True it is, in the complaint the number of the cheque allegedly issued by the petitioner on 01.10.2014 has been indicated as 720550, whereas, the cheque appended with the complaint issued on 01.10.2014 bears cheque number 720526. It is equally correct that even while issuing the notice, the number of the cheque issued on 01.10.2014 was indicated as 720550. The contention of the learned counsel for the petitioner that there was no valid notice with respect to cheque number 720526 dated 01.10.2014 and therefore, there was no cause of action to maintain the complaint appears to be attractive at the first blush but on careful scrutiny, the same is not found to be tenable in law.Complaint which was presented before the trial Court is not only a statement of fact given by the respondent but also consists of annexures appended therewith. From perusal of the annexures appended with the complaint, it would transpire that petitioner had issued two cheques, one on 07.11.2014 and other on 01.10.2014. As conceded by the learned counsel for the petitioner, there is no discrepancy with regard to cheque issued on 07.10.2014 and, therefore, the complaint can proceed with respect to the aforesaid cheque. However, regarding the cheque issued by the petitioner on 01.10.2014, undoubtedly, in the complaint, the number indicated is 720550, whereas, the cheque appended bears number 720526. Apart from this discrepancy, there is no other variation. The memo of the bank also refers to number of cheque issued on 01.10.2014 as 720526. It is, thus, evident that the first clerical error has been committed while drafting the notice which was sent through learned counsel to the petitioner on 20.12.2014. The same mistake appears to have travelled to the body of the complaint, but this Court cannot shut its eyes to the fact that the cheques appended with the complaint are allegedly issued by the petitioner which were duly presented by the respondent in his account in the Punjab National Bank, Branch Rajpora. Both have been returned by the bank with the remarks “Insufficient funds“. Taking the holistic view of the matter, the defect pointed out by the petitioner is only technical and cannot be allowed to thwart the Course of justice. Besides, vide order impugned, the petitioner has only been put on notice to appear and he would have ample opportunity to take all these pleas at the appropriate stage in the trial.18. A careful reading of the above judgments would show that a mere mistake in the cheque numbers, by itself will not vitiate the complaints, if there is a proper demand for the cheque amount made in the statutory notice. This Court is in complete agreement with the above two decisions.19. In the present case, the respondent is in a better footing, since there was no discrepancy or mistake in the cheque number and the number that was mentioned in the statutory notice was the account number and the number that was mentioned in the complaint was the account number and the cheque number. The account number perfectly tallied in the statutory notice and in the complaint. That apart, the statutory notice and the complaint proceeds to derive the liability of the petitioners vide a letter of undertaking dated 27.04.2015. As per this letter of undertaking, the pe

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titioners are said to have issued a cheque for a sum of Rs. 75,00,000 lakhs. The cheque number mentioned in the letter of undertaking issued by the petitioners tallies with the cheque number found in the complaint. That apart, even the cheque amount of Rs.75,00,000/- tallies in the letter of undertaking and the complaint. Even in the reply notice, the petitioners make a reference to the agreement dated 27.04.2015 and they only contest the quantum of the liability.20. On a totality of the entire materials placed before this Court, this Court is of the considered view that the statutory notice issued by the respondent clearly satisfies the requirements of clause (b) of the proviso to Section 138 of the Act. The Statutory notice in no uncertain terms speaks about the transaction between the parties and a demand has been made by the respondent only with respect to the cheque amount of Rs.75,00,000/-.20. In view of the above discussion, this Court is not in agreement with the submissions of the learned counsel for the petitioner and this Court finds that the statutory notice is not defective and consequently, the complaint filed by the respondent is perfectly in order and there are no grounds to interfere with the proceedings pending before the Court below. This Court has not expressed its views on the merits of the case and it is left open to the petitioners to raise all the grounds before the Court below and in accordance with law.21. In the result, this Criminal Original petition is dismissed and there shall be a direction to the learned Metropolitan Magistrate, Fast Track Court I, Allikulam/Egmore, Chennai, to dispose of C.C.No.5724 of 2017, within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.
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