9911796707
TMI Blog2021 (7) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... l in quartz powder, raw or purified and other minerals substances containing quartz and its value added products. The complainant had entered into an agreement with one Dynamic Mines Corporation, a Partnership firm and its two sister concerns namely DMC Enterprises and R.P.Enterprises, run by the same partners, for purchasing 12000 MT uninterrupted supply of high grade ''AGrade Quartz'' minerals for three years. As per the terms of the agreement, the Complainant had paid Rs. 1,15,00,000/- to the said Corporation vide Cheque No.006559 drawn on Karur Vysya Bank, Solinganallur Branch and the same was duly credited in the Bank Account of the said Corporation. The said Corporation and its Sister Concerns are jointly run by its pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not belong to Dynamic Mines Corporation and the same was issued by Mr.P.Ramachandran in his personal capacity, vide reply letter via, e-mail on 26.10.2017. Thereafter, the complainant, suspecting foul play on the part of the said Corporation, enquired about the details of the cheque and found that the cheque belongs to the bank account maintained in the name of the petitioner herein, who is the wife of one of the partner, viz., P.Ramachandran and immediately the complainant had issued the rejoinder notice dated 10.11.2017 to the said Corporation and all its partners as well as to the account holder of the cheque Mrs.P.Rajeswari, wife of Mr.P.Ramachandran and they have jointly sent a reply lawyer notice dated 15.11.2017 threatening him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er submitted that even a perusal of Section 138 of the Negotiable Instrument Act makes it very clear that ''where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid''. In the present case on hand, there is no business transaction between the petitioner and the defacto complainant and it is only between the petitioner's husband, who is one of the partner in the said Corporation and therefore, including the petitioner alone in the said complaint is not sustainable. Since the complaint does not satisfy the requirements con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to complainant has filed the complaint which has been taken cognizance of. 8. The pivotal contention of the learned counsel for the petitioner is that the ingredients as contemplated in Section 138 of the Negotiable Instruments Act having not been fulfilled, the cognizance taken by the Magistrate is not sustainable. For better appreciation Section 138 of the Negotiable Instruments Act is quoted below :- "138. ...... where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid' (Emphasis Supplied) 9. A bare perusal of the above s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount to the complainant. However, they have not been made parties to the complaint, but the petitioner, who is no way concerned with the affairs of the Corporation and who has no dealings with the complainant has been proceeded with, which cannot be permitted. 11. For the reasons aforesaid, this Court is of the considered view that the present complaint against the petitioner is legally untenable and the cognizance of the said complaint taken by the Magistrate leading to the registration of the case deserves to be interfered with. 12. Accordingly, this Criminal Original Petition is allowed and C.C.No.283 of 2017, on the file of the Fast Track Court Judicial Magistrate, Alandur, Chennai, is quashed. Consequently connected miscellaneous pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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