P.Snehalatha vs M.Sriramulu on 8 April, 2010

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:  08.04.2010
CORAM
THE HONOURABLE MR. JUSTICE C.T.SELVAM
Crl.O.P.No.9932 to 9935 of 2007
and 
M.P.Nos.1+1+1+1+2+2+2 of 2007

P.Snehalatha
Partner
M/s.Techno Associates
207, SIDCO Industrial Estate
SIPCOT
Ranipet  3							. 	Petitioner
Versus

1.M.Sriramulu
   Proprietor
   M/s.Exmpro Fashions
   92-A, SIPCOT Industrial Complex
   SIPCOT
   Ranipet  3 (Rep.by power of Attorney
   Purushothaman, Manager)

2.M/s.Techno Associates
   207, SIDCO Industrial Estate
   SIPCOT, Ranipet  3

3.Mr.P.Premkumar
   Partner
   M/s.Techno Associates
   207, SIDCO Industrial Estate
   SIPCOT, Ranipet  3			   		. 	Respondents

PRAYER: The Petition filed under section 482 of Criminal Procedure Code to call for the entire records relating to C.C.No.2 of 2007, C.C.No.3                     of 2007, C.C.No.4 of 2007 and C.C.No.5 of 2007 on the file of Judicial Magistrate No.II, Walajahpet, and quash the same.

		For Petitioner	:	Mr.D.Pradeep Kumar
		For Respondents	:	No appearance


		      	    *******

C O M M O N    O R D E R

	The petitioner seeks to quash the proceedings in C.C.No.2 of 2007 to C.C.No.5 of 2007 on the file of Judicial Magistrate No.II, Walajahpet and quash the same.  In all the aforesaid four petitions, the petitioner challenges the proceedings initiated against him for offences under Section 138 of the Negotiable Instruments Act.  In all the cases, petitioner is the third accused  and the first respondent is the complainant. The complainant informs that in the course of his business he has supplied cow wet blue hides to the first accused Company by name M/s.Techno Associates represented by the second and third accused who are the partners.  The said cases have came to be filed on issue of cheques on behalf of the first accused by the second accused towards meeting the first accused liability in respect of supply of cow wet hides made to it by the complainant.  Upon dishonour of cheques on presentation, the complainant has followed the procedure envisaged under Section 138 of the Negotiable Instruments Act and preferred the complaints. 

	2.Heard Mr.D.Pradeep Kumar, learned counsel for the petitioner. The third respondent has been given up by the petitioner.  The first and the second respondents i.e., Complainant and the first accused firm have been served for but none appeared on their behalf.  The very reading of the complaints makes clear that on the knowledge of the complainant, it is the second accused who is '' the active managing partner'' who is in ''active in-charge and responsible for the conduct of the business'' of the first accused. 

	3.There is no averment in the complaint that this petitioner was                in-charge of and responsible to the first accused partnership firm in the conduct of his business at the time of commission of offence. When such necessary averment is not contained in the complaint and the very stand of the complainant is that, it is the second accused who is the ''active managing partner'' and who is the ''active in-charge of the responsible for the conduct of the business'' of the first accused, the complaint cases as against this petitioner necessarily would fail. For the aforesaid reasons these criminal original petitions are allowed. Accordingly, the proceedings in C.C.No.2 of 2007, C.C.No.3 of 2007, C.C.No.4 of 2007 and C.C.No.5 of 2007 on the file of Judicial Magistrate No.II, Walajahpet shall stand quashed in so far as this petitioner is concerned. 
C.T.SELVAM, J.

ssp

4.These Criminal Original Petitions are allowed. The connected Miscellaneous Petitions are closed.

08.04.2010
Index:yes/no
Internet:yes/no
ssp

To

1.M.Sriramulu
Proprietor
M/s.Exmpro Fashions
92-A, SIPCOT Industrial Complex
SIPCOT
Ranipet 3 (Rep.by power of Attorney
Purushothaman, Manager)

2.M/s.Techno Associates
207, SIDCO Industrial Estate
SIPCOT, Ranipet 3

3.Mr.P.Premkumar
Partner
M/s.Techno Associates
207, SIDCO Industrial Estate
SIPCOT, Ranipet 3

4.The Public Prosecutor
High Court, Madras
Crl.O.P.No.9932 to 9935 of 2007
and
M.P.Nos.1+1+1+1+2+2+2 of 2007