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



Uma Shankar v/s M/s. Hi-Tech Air Power(P) Ltd., Represented by its Sales Manager, D. Mahendra Kumar


Company & Directors' Information:- AIR INDIA LIMITED [Active] CIN = U62200DL2007GOI161431

Company & Directors' Information:- AIR INDIA LIMITED [Amalgamated] CIN = U62100DL1992GOI048581

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- K TECH PRIVATE LIMITED [Active] CIN = U25190TN2012PTC084486

Company & Directors' Information:- SALES INDIA PRIVATE LIMITED [Active] CIN = U29191GJ1985PTC007880

Company & Directors' Information:- M TECH INDIA PRIVATE LIMITED [Active] CIN = U30007DL1997PTC087580

Company & Directors' Information:- R K B SALES PVT LTD [Active] CIN = U45202PB2006PTC029932

Company & Directors' Information:- K. TECH (INDIA) LIMITED [Active] CIN = U24222MH2000PLC123695

Company & Directors' Information:- P R SALES CORPORATION PRIVATE LIMITED [Active] CIN = U52399PN2011PTC141408

Company & Directors' Information:- P K SALES COMPANY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC219681

Company & Directors' Information:- A K TECH LTD [Active] CIN = U74899DL1986PLC023700

Company & Directors' Information:- MAHENDRA POWER PRIVATE LIMITED [Active] CIN = U40100CT2008PTC020920

Company & Directors' Information:- U B AIR PRIVATE LIMITED [Active] CIN = U28920MH1969PTC014216

Company & Directors' Information:- K B SALES LTD [Active] CIN = U51109WB1993PLC058255

Company & Directors' Information:- J K SALES PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109479

Company & Directors' Information:- HI-TECH AIR POWER PRIVATE LIMITED [Active] CIN = U29120KA2000PTC028063

Company & Directors' Information:- D K Y SALES PRIVATE LIMITED [Active] CIN = U74899DL2002PTC117108

Company & Directors' Information:- Z-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062582

Company & Directors' Information:- HI TECH PRIVATE LIMITED [Active] CIN = U33111PB1985PTC006494

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- K P R SALES PVT LTD [Active] CIN = U74899DL1983PTC016626

Company & Directors' Information:- M C SALES PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031203

Company & Directors' Information:- A V M SALES PVT LTD [Active] CIN = U24112WB1990PTC048552

Company & Directors' Information:- P S SALES PRIVATE LIMITED [Active] CIN = U51432UP2002PTC026496

Company & Directors' Information:- A M SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC034571

Company & Directors' Information:- E-TECH INDIA PRIVATE LIMITED [Active] CIN = U51101MH2013PTC240790

Company & Directors' Information:- S N SALES PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1995PTC071621

Company & Directors' Information:- G C SALES PVT LTD [Active] CIN = U51109HR1989PTC030575

Company & Directors' Information:- TECH INDIA LIMITED [Active] CIN = U45201AS1995PLC004380

Company & Directors' Information:- G. L. SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC205078

Company & Directors' Information:- UMA SALES PRIVATE LIMITED [Active] CIN = U34101UP1988PTC010189

Company & Directors' Information:- J P M SALES PRIVATE LIMITED [Strike Off] CIN = U52100TG2012PTC080686

Company & Directors' Information:- S I TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U32109MH2003PTC140622

Company & Directors' Information:- C R SALES PRIVATE LIMITED [Active] CIN = U51311HR1989PTC034949

Company & Directors' Information:- S B SALES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019075

Company & Directors' Information:- S M G SALES PRIVATE LIMITED [Active] CIN = U52190DL1996PTC076099

Company & Directors' Information:- G N INDIA SALES PRIVATE LIMITED [Active] CIN = U74999WB2012PTC180525

Company & Directors' Information:- HI TECH V PVT LTD [Strike Off] CIN = U30007NL1998PTC005483

Company & Directors' Information:- S C TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U45400HR2015PTC055858

Company & Directors' Information:- V. R. A. SALES PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039548

Company & Directors' Information:- K K SALES PRIVATE LIMITED [Active] CIN = U20299UP1987PTC009147

Company & Directors' Information:- MAHENDRA (INDIA) LIMITED [Active] CIN = U17114GJ1990PLC013483

Company & Directors' Information:- P S I SALES PRIVATE LTD. [Active] CIN = U74899DL1986PTC022999

Company & Directors' Information:- R AND D TECH PRIVATE LIMITED [Active] CIN = U33112PN2004PTC018927

Company & Directors' Information:- J D SALES LIMITED [Strike Off] CIN = U51909MH1983PLC029644

Company & Directors' Information:- N D K SALES PRIVATE LIMITED [Active] CIN = U51101UP2009PTC037413

Company & Directors' Information:- H P SALES COMPANY PRIVATE LIMITED [Active] CIN = U51495DL2004PTC128566

Company & Directors' Information:- TECH POWER (INDIA) PRIVATE LIMITED [Active] CIN = U29198MH1998PTC112855

Company & Directors' Information:- K. V. TECH INDIA PRIVATE LIMITED [Converted to LLP] CIN = U28939MH2008PTC181898

Company & Directors' Information:- R. K. P. SALES PRIVATE LIMITED [Active] CIN = U52601UP2018PTC101743

Company & Directors' Information:- N R B SALES PVT. LTD. [Active] CIN = U51109WB1989PTC047356

Company & Directors' Information:- S K E-TECH PRIVATE LIMITED [Strike Off] CIN = U72900WB2011PTC160500

Company & Directors' Information:- U C SALES PRIVATE LIMITED [Active] CIN = U30007DL2004PTC127320

Company & Directors' Information:- D-TECH INDIA PRIVATE LIMITED [Active] CIN = U72900DL2016PTC304389

Company & Directors' Information:- B P POWER TECH PRIVATE LIMITED [Active] CIN = U74999DL2015PTC289043

Company & Directors' Information:- UMA HI-TECH(INDIA) PRIVATE LIMITED [Active] CIN = U72300BR1993PTC005215

Company & Directors' Information:- TECH U TECH PRIVATE LIMITED [Active] CIN = U80903KL2020PTC065058

Company & Directors' Information:- N B POWER-TECH PRIVATE LIMITED [Active] CIN = U40101MH2011PTC213689

Company & Directors' Information:- M A K SALES PRIVATE LIMITED [Amalgamated] CIN = U26106UP2003PTC027989

Company & Directors' Information:- D. K. G. SALES PRIVATE LIMITED [Active] CIN = U51909DL2012PTC232444

Company & Directors' Information:- G AND G SALES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U52339KL2001PTC015071

Company & Directors' Information:- V-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U72100MH2000PTC127157

Company & Directors' Information:- D S SALES PVT LTD [Active] CIN = U74899DL1981PTC011644

Company & Directors' Information:- S P M SALES PRIVATE LIMITED [Active] CIN = U51211DL1997PTC085322

Company & Directors' Information:- K S S SALES PRIVATE LIMITED [Active] CIN = U70200UP1999PTC024587

Company & Directors' Information:- S P C SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC210237

Company & Directors' Information:- T I & M SALES LTD [Not available for efiling] CIN = U51900WB1967PLC015415

Company & Directors' Information:- G S SALES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015481

Company & Directors' Information:- M B SALES INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057259

Company & Directors' Information:- HI AIR E & C INDIA PRIVATE LIMITED [Strike Off] CIN = U74900DL2011FTC220169

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- G B SALES PRIVATE LIMITED [Strike Off] CIN = U74900PN2013PTC149637

Company & Directors' Information:- M L G SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1996PTC075048

Company & Directors' Information:- K I A SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC122783

Company & Directors' Information:- M V SALES (INDIA) PRIVATE LIMITED [Active] CIN = U51909DL2008PTC184122

Company & Directors' Information:- R & Y SALES PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC093675

Company & Directors' Information:- A S M SALES PRIVATE LIMITED [Strike Off] CIN = U45301UR2000PTC025735

Company & Directors' Information:- M J SALES PRIVATE LIMITED [Strike Off] CIN = U18101MH1988PTC049326

Company & Directors' Information:- C-TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U72900DL1995PTC070765

Company & Directors' Information:- T B TECH PRIVATE LIMITED [Strike Off] CIN = U70100DL1986PTC023103

Company & Directors' Information:- M AND M AIR PRIVATE LIMITED [Strike Off] CIN = U74900KA1998PTC024520

Company & Directors' Information:- G M SALES PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076494

Company & Directors' Information:- S G SALES PVT LTD [Active] CIN = U51909TG1989PTC010567

Company & Directors' Information:- D K B SALES PRIVATE LIMITED [Strike Off] CIN = U51109WB2009PTC136057

Company & Directors' Information:- R. P. SALES PRIVATE LIMITED [Active] CIN = U16004UP1995PTC017800

Company & Directors' Information:- P M C SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024459

Company & Directors' Information:- SHANKAR COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1958PTC002682

Company & Directors' Information:- M M SALES PRIVATE LIMITED [Strike Off] CIN = U52602OR1993PTC003255

Company & Directors' Information:- S S G M SALES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900PN2014PTC151358

Company & Directors' Information:- A P SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1977PTC008819

Company & Directors' Information:- A R SALES PRIVATE LIMITED [Active] CIN = U51909DL2003PTC123142

Company & Directors' Information:- B M SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC127901

Company & Directors' Information:- U R SALES PRIVATE LIMITED [Active] CIN = U51909PB2010PTC034419

Company & Directors' Information:- S. G. HI-TECH PRIVATE LIMITED [Strike Off] CIN = U45209PB2012PTC036463

Company & Directors' Information:- S W C SALES PRIVATE LIMITED [Strike Off] CIN = U52599PB2005PTC028340

Company & Directors' Information:- U. G. SALES PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC233364

Company & Directors' Information:- M I P SALES PRIVATE LIMITED [Strike Off] CIN = U51900MH1973PTC016482

Company & Directors' Information:- G V S SALES PRIVATE LIMITED [Active] CIN = U51900MH2004PTC149593

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V TECH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC145814

Company & Directors' Information:- R. S. TECH PRIVATE LIMITED [Active] CIN = U45202MH2010PTC207142

Company & Directors' Information:- K J SALES PRIVATE LIMITED [Strike Off] CIN = U74120MH2012PTC228743

Company & Directors' Information:- HI-TECH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U21000TG2012PTC079870

Company & Directors' Information:- M G SALES PRIVATE LIMITED [Active] CIN = U74120UP2011PTC047801

Company & Directors' Information:- S F SALES PRIVATE LIMITED [Strike Off] CIN = U51101UP2011PTC044031

Company & Directors' Information:- S D T SALES PRIVATE LIMITED [Strike Off] CIN = U52390TG2012PTC080405

Company & Directors' Information:- D B S SALES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999UP2004PTC028747

Company & Directors' Information:- H & M HI-TECH PRIVATE LIMITED [Active] CIN = U72900DL2012PTC238131

Company & Directors' Information:- T & P POWER TECH PRIVATE LIMITED [Active] CIN = U45207DL2008PTC181566

Company & Directors' Information:- S M SALES PRIVATE LIMITED [Active] CIN = U51900DL1993PTC053285

Company & Directors' Information:- A N SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC091432

Company & Directors' Information:- A R V SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC138896

Company & Directors' Information:- A. C. T. SALES PRIVATE LIMITED [Strike Off] CIN = U52100DL2008PTC172729

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- S SALES PRIVATE LIMITED [Not available for efiling] CIN = U51909DL2021PTC376262

Company & Directors' Information:- MAHENDRA LTD [Strike Off] CIN = U45201WB1943PLC011234

Company & Directors' Information:- V R SALES PRIVATE LIMITED [Strike Off] CIN = U51109KA1990PTC011491

Company & Directors' Information:- A J SALES PVT LTD [Strike Off] CIN = U51909CH1989PTC009863

Company & Directors' Information:- D AND V TECH PRIVATE LIMITED [Active] CIN = U74999DL2020PTC365773

Company & Directors' Information:- G M SALES PVT LTD [Strike Off] CIN = U51909CH1992PTC012260

Company & Directors' Information:- A TO Z SALES (P) LIMITED [Strike Off] CIN = U74900DL1996PTC082425

Company & Directors' Information:- J C SALES PRIVATE LIMITED [Strike Off] CIN = U51109DL1982PTC014805

Company & Directors' Information:- M S SALES PRIVATE LIMITED [Strike Off] CIN = U74300UP1967PTC003153

Company & Directors' Information:- B R SALES COMPANY PRIVATE LIMITED [Strike Off] CIN = U34300DL1983PTC016125

Company & Directors' Information:- D V SALES PVT LTD [Strike Off] CIN = U51900MH1982PTC026068

Company & Directors' Information:- SALES LIMITED [Dissolved] CIN = U99999MH1945PTC004578

Company & Directors' Information:- MAHENDRA KUMAR LIMITED [Not available for efiling] CIN = U99999MH1950PLC008191

    Crl. R.C. No. 26 of 2018 & Crl MP. Nos. 127 & 128 of 2018

    Decided On, 07 December 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE G. CHANDRASEKHARAN

    For the Petitioner: M/s. M. Sivavarthnam, Advocate. For the Respondents: R. Ramesh Kumar, Advocate.



Judgment Text

(Prayer: The Criminal Revision petition is filed under Section 397 and 401 of Cr.P.C to set aside the order made in M.P.No.4074 of 2017 in C.C.No.8420 of 2014 dated 22.12.2017 on the file of the FTC-II, Metropolitan Magistrate Court, Egmore, at Allikulam, Chennai-3 and pass orders.)1. The Revision petition is directed against the order passed by the Fast Track Court -II, Metropolitan Magistrate, Egmore at Allikulam, Chennai-3 in M.P.No.4074 of 2017 in C.C.No.8420 of 2014 dated 22.12.2017.2. It is seen from the contentions made in the petition filed under Section 45 of Indian Evidence Act r/w Section 91 of Cr.P.C, the petitioner stated that the cheque concerned in this case was not at all signed by him and the cheque is a fabricated one. Therefore, it is necessary to send the cheque to obtain the opinion of the handwriting expert after comparing with the admitted signatures of the petitioner with the contemporaneous documents which had been filed in the Court in the form of Xerox copy of sale deed dated 03.11.2006 (document No.6335 of 2006) and sale deed dated 14.03.2007 ( 1150 of 2007). Petitioner also stated that he had earlier filed a petition seeking a similar relief and that was returned by the Court stating that “specimen signature are not available with the Court”. Therefore, he was forced to file this present petition.3. It is also the case of the petitioner that he filed a quash petition in Crl.O.P.No.3093 of 2017 for quashing the proceeding in C.C.No.8420 of 2014 on the file of the Fast Track Court-II, Metropolitan Magistrate Court, Egmore, Chennai. It is alleged by the learned counsel for the petitioner that in Para “C” of the quash petition it was specifically stated that to honour the business transaction the petitioner gave un-filled cheque bearing Registration No.480783 drawn on the State Bank of India, Tirupur Main Branch as security to the respondent company before 5 years, petitioner reiterates that the signature in the cheque is not that of him and therefore, it has to be necessarily subjected to examination by the Handwriting expert to render substantial justice to the parties.4. Per contra the learned counsel for the respondent submits that the claim of the petitioner that the signature found in the cheque is not that of the petitioner has not been taken at the first available opportunity. The petitioner had taken this defence only after the petitioner was questioned under section 313 of Cr.P.C. Though the respondent was cross examined at length, no specific question was put to the respondent denying the signature of the petitioner in the cheque.5. It is also brought to my notice that even during the examination under Section 313 of Cr.P.C , the petitioner has not specifically denied his signature in the cheques. It is submitted that the quash petition filed in Crl.O.P.No.3093 of 2017 is a different petition and that petition was filed as an after thought and the claim made in that petition with regard to the denial of signature in the cheque does not merit consideration by this Court. Therefore, the learned counsel for the respondent prays for the dismissal of this revision petition.6. Considered the submissions of the learned counsel for the petitioner and the learned counsel for the respondent and perused the records.7. It is seen from the 313 questioning that the legal notice/Ex.P5 sent by the respondent was received by the petitioner on 23.11.2013 and the receipt of the legal notice was accepted by the petitioner. Obiviously the petitioner has not chosen to give reply to the legal notice and denied that the signature found in the cheque is not that of him, at the first available opportunity. As rightly pointed out by the learned counsel for the petitioner, though it is put to the respondent during the course of cross examination that the signature available in the cheque and other details were written in different ink, again it was not specifically put to the respondent that the signature in the cheque was not that of the petitioner. Most importantly when the petitioner was examined under Section 313 of Cr.P.C he has not specifically denied that the signature found in the cheque is not that of him. Even with regard to the business transactions he stated that he had to verify the records with regard to the purchase order and invoice. He can say whether he has to pay a sum of Rs.13,58,700/- to the respondent only after verifying the accounts.8. With regard to the cheque his answer was that he has to verify accounts whether he has given the cheque for a sum of Rs.13,58,700/- when he was asked about as to whether he wants to say anything with regard to this case, his answer was that it is a false case; he gave the cheque in question as a security and the respondent misused the cheque. Here again the petitioner has not specifically denied that the signature available in the cheque is not that of him. The business transaction and the issuance of cheque were not denied by the petitioner when he was questioned U/S 313 of Cr.P.C. Even in Crl.O.P.No.7093 of 2017, the petitioner has only stated that he gave un-filled cheque and not unsigned cheque.9. Therefore, it is clear as crystal that the petition filed for sending the cheque for handwriting expert in M.P.No.4074 of 2017 in C.C.No.8420 of 2014 was filed only to procrastinate the proceedings. This Court find no merits in the submissions made by the learned counsel for the petitioner that sending the cheque to expert’s opinion will not cause prejudi

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ce to the respondent is not a valid ground. By filing this petition 2 years had been wasted and the case is still pending.10. This Court finds that this petition has absolutely no merit and deserves to be dismissed. In this view of the matter, this Court finds that there is no reason to interfere with the order passed by the learned Metropolitan Magistrate Court, Egmore, at Allikulam, Chennai-3 in M.P.No.4074 of 2014 in C.C.No.8420 of 2014 dated 22.12.2017 and the order is confirmed and this Criminal Revision petition is dismissed accordingly. Consequently, the connected miscellaneous petitions are closed.
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